HBA-MPA, ALS H.B. 1814 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1814
By: Brimer

Licensing and Administrative Procedures 
7/2/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Texas communities could hold local option
elections  regarding the sale of alcohol.  Many areas have elected to
prohibit the sale of mixed beverages to prevent the proliferation of bars;
however, these prohibitions apply not only to bars but also to full-service
restaurants.  Also a city or town that is located in more than one county
has been unable to hold its own election on the sale of mixed beverages in
restaurants.  The purpose of this bill is to promote the development of
full-service restaurants in communities by creating a local option election
to allow restaurants to sell mixed beverages.  

H.B. 1814 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;  permits an election to be held on the issue of the legal sale
of mixed beverages by certificate holders; and requires a certificate
holder that sells mixed beverages in an area which only allows the selling
of mixed beverages in restaurants, to hold a food and beverage certificate
that is issued by and subject to review by the Texas Alcoholic Beverage
Commission. H.B. 1814 authorizes an election in an incorporated city or
town that is located in more than one county, requires that such an
election be held by the city or town instead of the county, and makes
necessary conforming changes with regard to references to "county" or
county officers in certain subchapters of the Alcoholic Beverage Code that
govern local option elections. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 251.11, Alcoholic Beverage Code, as follows:

Sec. 251.11. REQUIREMENTS TO ORDER ELECTION. (a) Creates this subsection
from existing text.  Provides that Subsection (b) is an exception to the
requirements of this section that a petition calling for a local option
election relating to the sale of alcoholic beverages must contain the
actual signatures of a number of qualified voters of the political
subdivision equal to 35 percent of the registered voters of the
subdivision.   

(b) Provides that a petition for a local option election related to the
legalization of the sale of mixed beverages only in an establishment that
holds a food and beverage certificate must have the actual signatures,
residence addresses, and voter registration certificate numbers of a number
of qualified voters of the political subdivision equal to 25 percent of the
registered voters of the subdivision.  Provides that the petition must be
filed not later than 30 days after it is issued.  

SECTION 2.  Amends Sections 251.14(b) and (c), Alcoholic Beverage Code, as
follows: 

(b) Requires, in a local option election pertaining to the legalization of
the sale of a prohibited type of alcohol, that the ballot permit voting for
or against the issue of "the legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."  
 
(c) Requires, in a prohibitory election in an area where the sale of all
alcoholic beverages has been legalized, that the ballot be prepared to
permit voting for or against "the legal sale of mixed beverages in
restaurants by food and beverage certificate holders only."  

SECTION 3.  Amends Section 251.15(b), Alcoholic Beverage Code, to provide
that 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 Subchapter A, Chapter 251, Alcoholic Beverage Code, by
adding Section 251.18, as follows: 

Sec. 251.18.  ELECTION IN CERTAIN CITIES AND TOWNS.  Provides that this
section applies only to an election to permit or prohibit the legal sale of
mixed beverages by a food and beverage certificate holder in an
incorporated city or town which is located in more than one county.
Requires an election under this section to be conducted by the city or town
instead of the county.  Makes necessary conforming changes to provide that
for the purposes of this section, in Subchapters B (Election) and C
(Procedure Following Election), a reference to "county" or "county
officers" is considered to be a reference to "city or town" or the
appropriate city or town officers, respectively.  Requires the city or town
to pay the expense of the election. 

SECTION 5.Effective date: September 1, 1999. 

SECTION 6.Emergency clause.