1-1 By: Brimer (Senate Sponsor - Harris) H.B. No. 1814
1-2 (In the Senate - Received from the House April 8, 1999;
1-3 April 9, 1999, read first time and referred to Committee on
1-4 Economic Development; May 14, 1999, reported favorably by the
1-5 following vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a local option election for the sale of mixed beverages
1-9 by a food and beverage certificate holder.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 251.11, Alcoholic Beverage Code, is
1-12 amended to read as follows:
1-13 Sec. 251.11. REQUIREMENTS TO ORDER ELECTION. (a) Except as
1-14 provided by Subsection (b), the [The] commissioners court, at its
1-15 next regular session after the petition is filed, shall order a
1-16 local option election to be held on the issue set out in the
1-17 petition if the petition is filed with the registrar of voters not
1-18 later than 30 days after it is issued and bears in the actual
1-19 handwriting of the signers the following:
1-20 (1) the actual signatures of a number of qualified
1-21 voters of the political subdivision equal to 35 percent of the
1-22 registered voters in the subdivision;
1-23 (2) a notation showing the residence address of each
1-24 of the signers; and
1-25 (3) each signer's voter registration certificate
1-26 number.
1-27 (b) A petition for a local option election related to the
1-28 legalization of the sale of mixed beverages only in an
1-29 establishment that holds a food and beverage certificate must have
1-30 the actual signatures, residence addresses, and voter registration
1-31 certificate numbers of a number of qualified voters of the
1-32 political subdivision equal to 25 percent of the registered voters
1-33 in the subdivision. The petition must be filed not later than 60
1-34 days after it is issued.
1-35 SECTION 2. Sections 251.14(b) and (c), Alcoholic Beverage
1-36 Code, are amended to read as follows:
1-37 (b) In areas where any type or classification of alcoholic
1-38 beverages is prohibited and the issue submitted pertains to
1-39 legalization of the sale of one or more of the prohibited types or
1-40 classifications, the ballot shall be prepared to permit voting for
1-41 or against one of the following issues:
1-42 (1) "The legal sale of beer for off-premise
1-43 consumption only."
1-44 (2) "The legal sale of beer."
1-45 (3) "The legal sale of beer and wine for off-premise
1-46 consumption only."
1-47 (4) "The legal sale of beer and wine."
1-48 (5) "The legal sale of all alcoholic beverages for
1-49 off-premise consumption only."
1-50 (6) "The legal sale of all alcoholic beverages except
1-51 mixed beverages."
1-52 (7) "The legal sale of all alcoholic beverages
1-53 including mixed beverages."
1-54 (8) "The legal sale of mixed beverages."
1-55 (9) "The legal sale of mixed beverages in restaurants
1-56 by food and beverage certificate holders only."
1-57 (c) In areas where the sale of all alcoholic beverages
1-58 including mixed beverages has been legalized, the ballot shall be
1-59 prepared to permit voting for or against one of the following
1-60 issues in any prohibitory election:
1-61 (1) "The legal sale of beer for off-premise
1-62 consumption only."
1-63 (2) "The legal sale of beer."
1-64 (3) "The legal sale of beer and wine for off-premise
2-1 consumption only."
2-2 (4) "The legal sale of beer and wine."
2-3 (5) "The legal sale of all alcoholic beverages for
2-4 off-premise consumption only."
2-5 (6) "The legal sale of all alcoholic beverages except
2-6 mixed beverages."
2-7 (7) "The legal sale of all alcoholic beverages
2-8 including mixed beverages."
2-9 (8) "The legal sale of mixed beverages."
2-10 (9) "The legal sale of mixed beverages in restaurants
2-11 by food and beverage certificate holders only."
2-12 SECTION 3. Section 251.15(b), Alcoholic Beverage Code, is
2-13 amended to read as follows:
2-14 (b) In any legalization or prohibitory local option election
2-15 where any shade or aspect of the issue submitted involves the sale
2-16 of mixed beverages, any other type or classification of alcoholic
2-17 beverage that was legalized prior to the election remains legalized
2-18 without regard to the outcome of that election on the question of
2-19 mixed beverages. If the sale of mixed beverages by food and
2-20 beverage certificate holders was legalized before a local option
2-21 election on the general sale of mixed beverages, the sale of mixed
2-22 beverages in an establishment that holds a food and beverage
2-23 certificate remains legalized without regard to the outcome of the
2-24 election on the general sale of mixed beverages.
2-25 SECTION 4. Subchapter A, Chapter 251, Alcoholic Beverage
2-26 Code, is amended by adding Section 251.18 to read as follows:
2-27 Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. (a)
2-28 This section applies only to an election to permit or prohibit the
2-29 legal sale of mixed beverages by a food and beverage certificate
2-30 holder in an incorporated city or town that is located in more than
2-31 one county.
2-32 (b) An election to which this section applies shall be
2-33 conducted by the city or town instead of the county. For the
2-34 purposes of this section, in this subchapter and Subchapters B and
2-35 C:
2-36 (1) a reference to the county is considered to refer
2-37 to the city or town;
2-38 (2) a reference to the commissioners court is
2-39 considered to refer to the governing body of the city or town;
2-40 (3) a reference to the county clerk or registrar of
2-41 voters is considered to refer to the secretary of the city or town
2-42 or, if the city or town does not have a secretary, to the person
2-43 performing the functions of a secretary of the city or town; and
2-44 (4) a reference to the county judge is considered to
2-45 refer to the mayor of the city or town or, if the city or town does
2-46 not have a mayor, to the presiding officer of the governing body of
2-47 the city or town.
2-48 (c) The city or town shall pay the expense of the election.
2-49 SECTION 5. This Act takes effect September 1, 1999.
2-50 SECTION 6. The importance of this legislation and the
2-51 crowded condition of the calendars in both houses create an
2-52 emergency and an imperative public necessity that the
2-53 constitutional rule requiring bills to be read on three several
2-54 days in each house be suspended, and this rule is hereby suspended.
2-55 * * * * *