HBA-CMT C.S.H.B. 1222 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1222 By: Truitt Licensing & Administrative Procedures 02/26/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, cities located in more than one county are 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 would be required to obtain signatures of 35 percent of all registered voters in that justice precinct in order to hold a local option election. C.S.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 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 C.S.H.B. 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. C.S.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 offpremise consumption are the same qualifications as for a permit issued under the wine and beer retailer's off-premise permit chapter of the Alcoholic Beverage Code. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1222 modifies the original bill to remove the requirements that an international airport within multiple counties be located in one of the two counties, and that a professional vehicular raceway and other venues be located in one of the two counties. The substitute modifies population requirements pertaining to a local option election for the sale of wine for off-premise consumption. The substitute modifies the original to require an election held under the provisions of this bill to be conducted by the city or town instead of the county.