HBA-CMT H.B. 1222 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1222 By: Truitt Licensing & Administrative Procedures 2/15/2001 Introduced 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. The bill attempts to correct this problem for two cities that span the Tarrant/Denton county line, and would enable the City of Southlake and the Town of Westlake to petition for and hold a local option election for the sale of wine for the off premises consumption. House Bill 1222 enables cities located in more than one county, both of which are already 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-premises consumption in locations in these cities. 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 cities and towns 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 sets forth election requirements and requires the city or town 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 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 under the provisions of this bill 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 The Act takes effect on the 91st day after adjournment.