76R7099 MCK-F
By Brimer H.B. No. 1814
Substitute the following for H.B. No. 1814:
By Yarbrough C.S.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 of a number of qualified voters of the
2-1 political subdivision equal to 25 percent of the registered voters
2-2 in the subdivision.
2-3 SECTION 2. Sections 251.14(b) and (c), Alcoholic Beverage
2-4 Code, are amended to read as follows:
2-5 (b) In areas where any type or classification of alcoholic
2-6 beverages is prohibited and the issue submitted pertains to
2-7 legalization of the sale of one or more of the prohibited types or
2-8 classifications, the ballot shall be prepared to permit voting for
2-9 or against one of the following issues:
2-10 (1) "The legal sale of beer for off-premise
2-11 consumption only."
2-12 (2) "The legal sale of beer."
2-13 (3) "The legal sale of beer and wine for off-premise
2-14 consumption only."
2-15 (4) "The legal sale of beer and wine."
2-16 (5) "The legal sale of all alcoholic beverages for
2-17 off-premise consumption only."
2-18 (6) "The legal sale of all alcoholic beverages except
2-19 mixed beverages."
2-20 (7) "The legal sale of all alcoholic beverages
2-21 including mixed beverages."
2-22 (8) "The legal sale of mixed beverages."
2-23 (9) "The legal sale of mixed beverages by food and
2-24 beverage certificate holders only."
2-25 (c) In areas where the sale of all alcoholic beverages
2-26 including mixed beverages has been legalized, the ballot shall be
2-27 prepared to permit voting for or against one of the following
3-1 issues in any prohibitory election:
3-2 (1) "The legal sale of beer for off-premise
3-3 consumption only."
3-4 (2) "The legal sale of beer."
3-5 (3) "The legal sale of beer and wine for off-premise
3-6 consumption only."
3-7 (4) "The legal sale of beer and wine."
3-8 (5) "The legal sale of all alcoholic beverages for
3-9 off-premise consumption only."
3-10 (6) "The legal sale of all alcoholic beverages except
3-11 mixed beverages."
3-12 (7) "The legal sale of all alcoholic beverages
3-13 including mixed beverages."
3-14 (8) "The legal sale of mixed beverages."
3-15 (9) "The legal sale of mixed beverages by food and
3-16 beverage certificate holders only."
3-17 SECTION 3. Section 251.15(b), Alcoholic Beverage Code, is
3-18 amended to read as follows:
3-19 (b) In any legalization or prohibitory local option election
3-20 where any shade or aspect of the issue submitted involves the sale
3-21 of mixed beverages, any other type or classification of alcoholic
3-22 beverage that was legalized prior to the election remains legalized
3-23 without regard to the outcome of that election on the question of
3-24 mixed beverages. If the sale of mixed beverages by food and
3-25 beverage certificate holders was legalized before a local option
3-26 election on the general sale of mixed beverages, the sale of mixed
3-27 beverages in an establishment that holds a food and beverage
4-1 certificate remains legalized without regard to the outcome of the
4-2 election on the general sale of mixed beverages.
4-3 SECTION 4. Subchapter A, Chapter 251, Alcoholic Beverage
4-4 Code, is amended by adding Section 251.18 to read as follows:
4-5 Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. (a)
4-6 This section applies only to an election to permit or prohibit the
4-7 legal sale of mixed beverages by a food and beverage certificate
4-8 holder in an incorporated city or town that is located in more than
4-9 one county.
4-10 (b) An election to which this section applies shall be
4-11 conducted by the city or town instead of the county. For the
4-12 purposes of this section, in this subchapter and Subchapters B and
4-13 C:
4-14 (1) a reference to the county is considered to refer
4-15 to the city or town;
4-16 (2) a reference to the commissioners court is
4-17 considered to refer to the governing body of the city or town;
4-18 (3) a reference to the county clerk or registrar of
4-19 voters is considered to refer to the secretary of the city or town
4-20 or, if the city or town does not have a secretary, to the person
4-21 performing the functions of a secretary of the city or town; and
4-22 (4) a reference to the county judge is considered to
4-23 refer to the mayor of the city or town or, if the city or town does
4-24 not have a mayor, to the presiding officer of the governing body of
4-25 the city or town.
4-26 (c) The city or town shall pay the expense of the election.
4-27 SECTION 5. This Act takes effective September 1, 1999.
5-1 SECTION 6. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.