HBA-CMT H.B. 1222 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1222
By: Truitt
Licensing & Administrative Procedures
77/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, cities located in more than one county were
not able to file an application for a petition to hold local option
elections.  Since the next smallest political subdivision in some of the
counties would be a justice precinct, the multiple-county cities and towns
were required to obtain signatures of 35 percent of all registered voters
in that justice precinct in order to hold a local option election.  House
Bill 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1222 amends the Alcoholic Beverage Code to authorize certain
incorporated cities and towns, in which there has been a previous election
authorizing the legal sale of any type of alcoholic beverage in any portion
of the city or town, to hold a local option election on the ballot issue
for or against the legal sale of wine for off-premise consumption only.
The bill requires the ballot in an election under the provisions of this
bill to be prepared to permit voting for or against "the legal sale of wine
for off-premise consumption only."  The bill sets forth election
requirements and requires the city or town to conduct an election instead
of the county and to pay the expense of the election. The bill authorizes
an action to contest the election to be brought in the district court of
any county in which the city or town is located.   

H.B. 1222 authorizes the holder of a wine only package store permit whose
premises is located in an area that has under the provisions above been
voted wet for the sale of wine for off-premises consumption only to
purchase, sell, or possess only vinous liquor on those licensed premises.
The qualifications for a wine only package store permit whose premises is
in a wet area permitting the legal sale of wine for off-premise consumption
are the same qualifications as for a permit issued under the wine and beer
retailer's offpremise permit chapter of the Alcoholic Beverage Code. 

EFFECTIVE DATE

September 1, 2001.