By Brimer H.B. No. 1814
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 in restaurants.
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. The
1-8 commissioners court, at its next regular session after the petition
1-9 is filed, shall order a local option election to be held on the
1-10 issue set out in the petition if the petition is filed with the
1-11 registrar of voters not later than 30 days after it is issued and
1-12 bears in the actual handwriting of the signers the following:
1-13 (1) the actual signatures of a number of qualified
1-14 voters of the political subdivision equal to 35 percent of the
1-15 registered voters in the subdivision, except that in a local option
1-16 election pertaining to the legalization of the sale of mixed
1-17 beverages in restaurants only the number of qualified voters need
1-18 be no more than 25 percent of the registered voters;
1-19 (2) a notation showing the residence address of each
1-20 of the signers; and
1-21 (3) each signer's voter registration certificate
2-1 number.
2-2 SECTION 2. Section 251.14(b), Alcoholic Beverage Code, is
2-3 amended to read as follows:
2-4 (b) In areas where any type or classification of alcoholic
2-5 beverages is prohibited and the issue submitted pertains to
2-6 legalization of the sale of one or more of the prohibited types or
2-7 classifications, the ballot shall be prepared to permit voting for
2-8 or against one of the following issues:
2-9 (1) "The legal sale of beer for off-premise
2-10 consumption only."
2-11 (2) "The legal sale of beer."
2-12 (3) "The legal sale of beer and wine for off-premise
2-13 consumption only."
2-14 (4) "The legal sale of beer and wine."
2-15 (5) "The legal sale of all alcoholic beverages for
2-16 off-premise consumption only."
2-17 (6) "The legal sale of all alcoholic beverages except
2-18 mixed beverages."
2-19 (7) "The legal sale of all alcoholic beverages
2-20 including mixed beverages."
2-21 (8) "The legal sale of mixed beverages."
2-22 (9) "The legal sale of mixed beverages in restaurants
2-23 only."
2-24 SECTION 3. Section 251.14(c), Alcoholic Beverage Code, is
2-25 amended to read as follows:
3-1 (c) In areas where the sale of all alcoholic beverages
3-2 including mixed beverages has been legalized, the ballot shall be
3-3 prepared to permit voting for or against one of the following
3-4 issues in any prohibitory election:
3-5 (1) "The legal sale of beer for off-premise
3-6 consumption only."
3-7 (2) "The legal sale of beer."
3-8 (3) "The legal sale of beer and wine for off-premise
3-9 consumption only."
3-10 (4) "The legal sale of beer and wine."
3-11 (5) "The legal sale of all alcoholic beverages for
3-12 off-premise consumption only."
3-13 (6) "The legal sale of all alcoholic beverages except
3-14 mixed beverages."
3-15 (7) "The legal sale of all alcoholic beverages
3-16 including mixed beverages."
3-17 (8) "The legal sale of mixed beverages."
3-18 (9) "The legal sale of mixed beverages, including
3-19 sales of mixed beverages in restaurants."
3-20 SECTION 4. Section 251.15, Alcoholic Beverage Code, is
3-21 amended to read as follows:
3-22 Sec. 251.15. Issue on Mixed Beverages. (a) No local option
3-23 election affects the sale of mixed beverages unless the proposition
3-24 specifically mentions mixed beverages.
3-25 (b) In any legalization or prohibitory local option election
4-1 where any shade or aspect of the issue submitted involves the sale
4-2 of mixed beverages, any other type or classification of alcoholic
4-3 beverage that was legalized prior to the election remains legalized
4-4 without regard to the outcome of that election on the question of
4-5 mixed beverages. Where the sale of mixed beverages in restaurants
4-6 was legalized prior to a legalization or prohibitory local option
4-7 election on the general sale of mixed beverages, the sale of mixed
4-8 beverages in restaurants remains legalized without regard to the
4-9 outcome of the election on the general sale of mixed beverages.
4-10 (c) A restaurant selling mixed beverages where the legal
4-11 sale of mixed beverages in restaurants only has been approved must
4-12 hold a food and beverage certificate.
4-13 SECTION 5. Subchapter A, Chapter 251, Alcoholic Beverage
4-14 Code, is amended by adding Section 251.18 to read as follows:
4-15 Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. (a)
4-16 This section applies exclusively to an election on the legal sale
4-17 of mixed beverages in restaurants only in an incorporated city or
4-18 town that is located in more than one county.
4-19 (b) An election to which this section applies shall be
4-20 conducted by the city or town instead of the county. For the
4-21 purposes of this section, in this subchapter and Subchapters B and
4-22 C:
4-23 (1) a reference to the county is considered to refer to the
4-24 city or town;
4-25 (2) a reference to the commissioners court is considered to
5-1 refer to the governing body of the city or town;
5-2 (3) a reference to the county clerk or registrar of voters
5-3 is considered to refer to the secretary of the city or town or, if
5-4 the city or town does not have a secretary, to the person
5-5 performing the functions of a secretary of the city or town; and
5-6 (4) a reference to the county judge is considered to refer
5-7 to the mayor of the city or town or, if the city or town does not
5-8 have a mayor, to the presiding officer of the governing body of the
5-9 city or town.
5-10 (c) The city or town shall pay the expense of the election.
5-11 SECTION 6. The provisions of this bill apply to the holder
5-12 of a food and beverage certificate.
5-13 SECTION 7. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house to be suspended, and this rule is hereby
5-18 suspended.