SRC-AXB H.B. 1814 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1814
By: Brimer (Harris)
Economic Development
5/13/1999
Engrossed


DIGEST 

Currently, a city or town located in more than one county cannot hold its
own election regarding the sale of mixed beverages in restaurants.  Many
areas with the ability to hold an election have chosen to prohibit mixed
drinks to prevent the proliferation of bars.  However, such prohibitions
also apply to full-service restaurants.  H.B. 1814 allows certain
municipalities to hold a local optional election for the sale of mixed
beverages, and clarifies existing regulations regarding authorization for
certain venues to sell mixed beverages.  Provides petition requirements
necessary for a commissioners court to order a local option election on the
issue of the legalization of the sale of mixed beverages in an
establishment holding a food and beverage certificate   

PURPOSE

As proposed, H.B. 1814 sets forth provisions for a local option election
for the sale of mixed beverages by a food and beverage certificate holder. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 251.11, Alcoholic Beverage Code, by adding
Subsection (b), to set forth requirements for a petition regarding a local
option election to legalize the sale of mixed beverages in certain venues.
Requires the petition to be filed by the 60th day after its issuance. Makes
conforming changes. 

SECTION 2.  Amends Sections 251.14(b) and (c), Alcoholic Beverage Code, to
set forth the required language for the ballot regarding the sale of mixed
beverages, regarding establishments with or without alcoholic beverage sale
limitations. 

SECTION 3.  Amends Section 251.15(b), Alcoholic Beverage Code, to
providethat if the sale of mixed beverages by food and beverage certificate
holders is legalized before a local option election on the general sales of
mixed beverages, then the sale of mixed beverages in an establishment that
holds a food and beverage certificate  remains legalized regardless of the
outcome of the election on the general sale of mixed beverages.   

SECTION 4.  Amends Chapter 251A, Alcoholic Beverage Code, by adding Section
251.18, as follows: 

Sec.  251.18.  ELECTION IN CERTAIN CITIES AND TOWNS.  Limits the
application of this section to apply only to an election to permit or
prohibit the legal sale of mixed beverages in a municipality located in
more than one county.  Requires the election to be conducted by the
municipality instead of the county.  Clarifies references to certain
entities in Subchapters B and C, Chapter 251, Alcoholic Beverage Code.
Requires the municipality to pay for the election expenses. 

SECTION 5.  Effective date:  September 1, 1999.

 SECTION 6.  Emergency clause.