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.