SRC-SEW H.B. 1222 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1222
By: Truitt (Harris)
Intergovernmental Relations
4/19/2001
Engrossed


DIGEST AND PURPOSE 

Currently, cities located in more than one county are not able to hold
local option elections.  Certain cities, such as Southlake and Westlake,
wish to hold such elections but cannot because they stretch across two
counties.   As proposed, H.B. 1222 enables incorporated cities or towns
located in more than one county designated wet for the sale of beer and
mixed beverages to petition for and hold a local option election for the
sale of wine for off-premise consumption.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 251A, Alcoholic Beverage Code, by adding Section
251.19, as follows: 

Sec. 251.19.  ELECTION IN CERTAIN CITIES AND TOWNS.  Provides that this
section applies only to certain elections.  Requires  the ballot in an
election under this section to be prepared to permit voting for or against
"The legal sale of wine for off-premise consumption only."  Requires an
election under this section to be conducted by the city or town instead of
the county.  Sets forth guidelines regarding references in this code for
purposes of an election conducted under this section.  Requires the city or
town to pay the expense of the election. Authorizes an action to contest
the election under Section 251.55 to be brought in the district court of
any county in which the city or town is located. 

SECTION 2.  Amends Section 24.01, Alcoholic Beverage Code, as follows:

Sec. 24.01.  Authorizes the holder of a wine only package store permit
whose premises is located in a wet area permitting the legal sale of wine
for off-premises consumption only as determined by an election held under
Section 251.19 to only purchase, sell, or possess vinous liquor on those
licensed premises.  Provides that the qualifications for a wine only
package store permit whose premises is in a wet area permitting the legal
sale of wine for off-premises consumption only as determined by an election
held under Section 251.19 are the same as the qualifications for a permit
issued under Chapter 26 of this code, including the citizenship
requirements prescribed by Section 6.03. 
 
SECTION 3.  Effective date:  September 1, 2001.