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


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

Licensing and Administrative Procedures 
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Under current law, Texas communities may 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, under current law, a city or town that is located in more than one
county is 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 restaurants;  permits an election to be held
on the issue of the legal sale of mixed beverages in restaurants only; and
requires a restaurant 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 only applies to an election in an
incorporated city or town that is located in more than one county and
requires that the election be held by the city or town instead of the
county.  This bill also provides definitions for purposes of specified
subchapters of the Alcoholic Beverage Code. 

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, to provide that
the number of signatures of qualified voters of a political subdivision
necessary for the commissioners court to order a  local option election on
the issue of  the legalization of the sale of mixed beverages in
restaurants need be no more than 25 percent of the registered voters in the
subdivision. 

SECTION 2.  Amends Section 251.14(b), Alcoholic Beverage Code, to require,
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 only." 

SECTION 3.  Amends Section 251.14(c), Alcoholic Beverage Code, to require,
in a prohibitory election in an area where the sale of all alcoholic
beverages is legal, that the ballot permit voting for or against the issue
of "the legal sale of mixed beverages, including sales of mixed beverages
in restaurants."  

SECTION 4.  Amends Section 251.15, Alcoholic Beverage Code, to provide that
if the sale of mixed beverages in restaurants is legalized prior to a
legalization or prohibitory local option election on the general sales of
mixed beverages, then the sale of mixed beverages in restaurants remains
legalized regardless of the outcome of the election on the general sale of
mixed beverages.  Provides that a restaurant which sells mixed beverages
must hold a food and beverage certificate in an area where the sale of
mixed beverages is only allowed in restaurants. 

 SECTION 5.  Amends Subchapter A, Chapter 251, Alcoholic Beverage Code, by
adding Section 251.018, as follows: 

Sec. 251.18.  ELECTION IN CERTAIN CITIES AND TOWNS.  Provides that this
section applies only to an election on the legal sale of mixed beverages
that is held by 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. Defines "county," "commissioners
court," "county clerk or registrar of voters," and "county judge" for
purposes of this subchapter, and Subchapters B (Election) and C (Procedure
Following Election).  Requires the city or town to pay the expense of the
election. 

SECTION 6.  Provides that this bill applies to a holder of a food and
beverage certificate. 

SECTION 7.Emergency clause. 
  Effective date: 90 days after adjournment.