By: Harris S.B. No. 789
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a local option election for the sale of mixed beverages
1-2 in restaurants.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 251.11, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 251.11. Requirements to Order Election. The
1-7 commissioners court, at its next regular session after the petition
1-8 is filed, shall order a local option election to be held on the
1-9 issue set out in the petition if the petition is filed with the
1-10 registrar of voters not later than 30 days after it is issued and
1-11 bears in the actual handwriting of the signers the following:
1-12 (1) the actual signatures of a number of qualified
1-13 voters of the political subdivision equal to 35 percent of the
1-14 registered voters in the subdivision, except that in a local option
1-15 election pertaining to the legalization of the sale of mixed
1-16 beverages in restaurants only the number of qualified voters need
1-17 be no more than 25 percent of the registered voters;
1-18 (2) a notation showing the residence address of each
1-19 of the signers; and
1-20 (3) each signer's voter registration certificate
1-21 number.
1-22 SECTION 2. Section 251.14(b), Alcoholic Beverage Code, is
2-1 amended to read as follows:
2-2 (b) In areas where any type or classification of alcoholic
2-3 beverages is prohibited and the issue submitted pertains to
2-4 legalization of the sale of one or more of the prohibited types or
2-5 classifications, the ballot shall be prepared to permit voting for
2-6 or against one of the following issues:
2-7 (1) "The legal sale of beer for off-premise
2-8 consumption only."
2-9 (2) "The legal sale of beer."
2-10 (3) "The legal sale of beer and wine for off-premise
2-11 consumption only."
2-12 (4) "The legal sale of beer and wine."
2-13 (5) "The legal sale of all alcoholic beverages for
2-14 off-premise consumption only."
2-15 (6) "The legal sale of all alcoholic beverages except
2-16 mixed beverages."
2-17 (7) "The legal sale of all alcoholic beverages
2-18 including mixed beverages."
2-19 (8) "The legal sale of mixed beverages."
2-20 (9) "The legal sale of mixed beverages in restaurants
2-21 only."
2-22 SECTION 3. Section 251.14(c), Alcoholic Beverage Code, is
2-23 amended to read as follows:
2-24 (c) In areas where the sale of all alcoholic beverages
2-25 including mixed beverages has been legalized, the ballot shall be
2-26 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, including
3-16 sales of mixed beverages in restaurants."
3-17 SECTION 4. Section 251.15, Alcoholic Beverage Code, is
3-18 amended to read as follows:
3-19 Sec. 251.15. Issue on Mixed Beverages. (a) No local option
3-20 election affects the sale of mixed beverages unless the proposition
3-21 specifically mentions mixed beverages.
3-22 (b) In any legalization or prohibitory local option election
3-23 where any shade or aspect of the issue submitted involves the sale
3-24 of mixed beverages, any other type or classification of alcoholic
3-25 beverage that was legalized prior to the election remains legalized
3-26 without regard to the outcome of that election on the question of
4-1 mixed beverages. Where the sale of mixed beverages in restaurants
4-2 was legalized prior to a legalization or prohibitory local option
4-3 election on the general sale of mixed beverages, the sale of mixed
4-4 beverages in restaurants remains legalized without regard to the
4-5 outcome of the election on the general sale of mixed beverages.
4-6 (c) A restaurant selling mixed beverages where the legal
4-7 sale of mixed beverages in restaurants only has been approved must
4-8 hold a food and beverage certificate.
4-9 SECTION 5. Subchapter A, Chapter 251, Alcoholic Beverage
4-10 Code, is amended by adding Section 251.18 to read as follows:
4-11 Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS.
4-12 (a) This section applies exclusively to an election on the legal
4-13 sale of mixed beverages in restaurants only in an incorporated city
4-14 or town that is located in more than one county.
4-15 (b) An election to which this section applies shall be
4-16 conducted by the city or town instead of the county. For the
4-17 purposes of this section, in this subchapter and Subchapters B and
4-18 C:
4-19 (1) a reference to the county is considered to refer
4-20 to the city or town;
4-21 (2) a reference to the commissioners court is
4-22 considered to refer to the governing body of the city or town;
4-23 (3) a reference to the county clerk or registrar of
4-24 voters is considered to refer to the secretary of the city or town
4-25 or, if the city or town does not have a secretary, to the person
4-26 performing the functions of a secretary of the city or town; and
5-1 (4) a reference to the county judge is considered to
5-2 refer to the mayor of the city or town or, if the city or town does
5-3 not have a mayor, to the presiding officer of the governing body of
5-4 the city or town.
5-5 (c) The city or town shall pay the expense of the election.
5-6 SECTION 6. The provisions of this bill apply to the holder
5-7 of a food and beverage certificate.
5-8 SECTION 7. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.