By Brimer H.B. No. 1814
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a local option election for the sale of mixed beverages
1-3 by a food and beverage certificate holder.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 251.11, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 251.11. REQUIREMENTS TO ORDER ELECTION. (a) Except as
1-8 provided by Subsection (b), the [The] commissioners court, at its
1-9 next regular session after the petition is filed, shall order a
1-10 local option election to be held on the issue set out in the
1-11 petition if the petition is filed with the registrar of voters not
1-12 later than 30 days after it is issued and bears in the actual
1-13 handwriting of the signers the following:
1-14 (1) the actual signatures of a number of qualified
1-15 voters of the political subdivision equal to 35 percent of the
1-16 registered voters in the subdivision;
1-17 (2) a notation showing the residence address of each
1-18 of the signers; and
1-19 (3) each signer's voter registration certificate
1-20 number.
1-21 (b) A petition for a local option election related to the
1-22 legalization of the sale of mixed beverages only in an
1-23 establishment that holds a food and beverage certificate must have
1-24 the actual signatures, residence addresses, and voter registration
2-1 certificate numbers of a number of qualified voters of the
2-2 political subdivision equal to 25 percent of the registered voters
2-3 in the subdivision. The petition must be filed not later than 60
2-4 days after it is issued.
2-5 SECTION 2. Sections 251.14(b) and (c), Alcoholic Beverage
2-6 Code, are amended to read as follows:
2-7 (b) In areas where any type or classification of alcoholic
2-8 beverages is prohibited and the issue submitted pertains to
2-9 legalization of the sale of one or more of the prohibited types or
2-10 classifications, the ballot shall be prepared to permit voting for
2-11 or against one of the following issues:
2-12 (1) "The legal sale of beer for off-premise
2-13 consumption only."
2-14 (2) "The legal sale of beer."
2-15 (3) "The legal sale of beer and wine for off-premise
2-16 consumption only."
2-17 (4) "The legal sale of beer and wine."
2-18 (5) "The legal sale of all alcoholic beverages for
2-19 off-premise consumption only."
2-20 (6) "The legal sale of all alcoholic beverages except
2-21 mixed beverages."
2-22 (7) "The legal sale of all alcoholic beverages
2-23 including mixed beverages."
2-24 (8) "The legal sale of mixed beverages."
2-25 (9) "The legal sale of mixed beverages in restaurants
2-26 by food and beverage certificate holders only."
2-27 (c) In areas where the sale of all alcoholic beverages
3-1 including mixed beverages has been legalized, the ballot shall be
3-2 prepared to permit voting for or against one of the following
3-3 issues in any prohibitory election:
3-4 (1) "The legal sale of beer for off-premise
3-5 consumption only."
3-6 (2) "The legal sale of beer."
3-7 (3) "The legal sale of beer and wine for off-premise
3-8 consumption only."
3-9 (4) "The legal sale of beer and wine."
3-10 (5) "The legal sale of all alcoholic beverages for
3-11 off-premise consumption only."
3-12 (6) "The legal sale of all alcoholic beverages except
3-13 mixed beverages."
3-14 (7) "The legal sale of all alcoholic beverages
3-15 including mixed beverages."
3-16 (8) "The legal sale of mixed beverages."
3-17 (9) "The legal sale of mixed beverages in restaurants
3-18 by food and beverage certificate holders only."
3-19 SECTION 3. Section 251.15(b), Alcoholic Beverage Code, is
3-20 amended to read as follows:
3-21 (b) In any legalization or prohibitory local option election
3-22 where any shade or aspect of the issue submitted involves the sale
3-23 of mixed beverages, any other type or classification of alcoholic
3-24 beverage that was legalized prior to the election remains legalized
3-25 without regard to the outcome of that election on the question of
3-26 mixed beverages. If the sale of mixed beverages by food and
3-27 beverage certificate holders was legalized before a local option
4-1 election on the general sale of mixed beverages, the sale of mixed
4-2 beverages in an establishment that holds a food and beverage
4-3 certificate remains legalized without regard to the outcome of the
4-4 election on the general sale of mixed beverages.
4-5 SECTION 4. Subchapter A, Chapter 251, Alcoholic Beverage
4-6 Code, is amended by adding Section 251.18 to read as follows:
4-7 Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. (a)
4-8 This section applies only to an election to permit or prohibit the
4-9 legal sale of mixed beverages by a food and beverage certificate
4-10 holder in an incorporated city or town that is located in more than
4-11 one county.
4-12 (b) An election to which this section applies shall be
4-13 conducted by the city or town instead of the county. For the
4-14 purposes of this section, in this subchapter and Subchapters B and
4-15 C:
4-16 (1) a reference to the county is considered to refer
4-17 to the city or town;
4-18 (2) a reference to the commissioners court is
4-19 considered to refer to the governing body of the city or town;
4-20 (3) a reference to the county clerk or registrar of
4-21 voters is considered to refer to the secretary of the city or town
4-22 or, if the city or town does not have a secretary, to the person
4-23 performing the functions of a secretary of the city or town; and
4-24 (4) a reference to the county judge is considered to
4-25 refer to the mayor of the city or town or, if the city or town does
4-26 not have a mayor, to the presiding officer of the governing body of
4-27 the city or town.
5-1 (c) The city or town shall pay the expense of the election.
5-2 SECTION 5. This Act takes effect September 1, 1999.
5-3 SECTION 6. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.