SRC-MKV, SEW S.B. 1145 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1145
By: Staples
Intergovernmental Relations
4/11/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

S.B. 1145 permits the designation of commercial districts within certain
cities wherein the legal sale of one or more prohibited types of
classifications of alcoholic beverages may be authorized upon the
affirmative vote of the qualified voters of the entire municipality.  Under
current law, cities are only authorized to hold such elections with results
applicable to the entire city or to a specific justice of the peace
precinct.   

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 251D, Alcoholic Beverage Code, by adding Section
251.742, as follows: 

Sec. 251.742.  MUNICIPAL ALCOHOLIC BEVERAGE ZONE.  (a) Defines "commercial
area." 

  (b) Provides that this section only applies to certain municipalities.

(c) Authorizes the governing body of a municipality by resolution to
propose a zone within a commercial area of the municipality to be
designated as a zone in which the legal sale of one or more prohibited
types or classifications of alcoholic beverages may be considered in a
local option election under this section.  Sets forth guidelines for the
resolution. 

(d) Prohibits an alcoholic beverage zone proposed under Subsection (c) from
including an area that is incorporated in an existing alcoholic beverage
zone or that was incorporated in a proposed zone for which a local option
election was conducted during the two-year period preceding the date of the
resolution proposing the zone. 

(e) Requires the commissioners court to order an election on the issue
unless the commissioners court determines that the proposed zone does not
conform to the requirements of this section. 

(f) Authorizes the qualified voters of a municipality to petition the
commissioners court of the county in which the municipality is located, in
the manner prescribed by this chapter, to order an election to alter the
status of the sale of any type or classification of alcoholic beverages
that has been legalized in a zone by an election conducted under this
section. 

(g) Sets forth guidelines for conducting an election under this section.
Provides that the  results of the election affect only the wet or dry
status of the area within the boundaries of the zone. 


(h) Provides that the provisions for conducting a local option election
under this chapter apply to an election conducted under this section to the
extent those provisions do not conflict with this section. 

(i) Requires a municipality to bear the cost of an election held in the
municipality under this section. 

(j) Provides that the results of an election conducted under this section
do not affect the legal sale of one or more types or classifications of
alcoholic beverages that are permitted in the zone because of the zone's
inclusion in a political subdivision. 

SECTION 2.  Effective date:  September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Differs from original in SECTION 1 by changing the language in Subsection
(a)(2), Section 251.742, Alcoholic Beverage Code, in the definition of
"commercial area" from "20 commercial establishments" to "five commercial
establishments."  Differs in Subsection (b) by eliminating the proposed
Subsection (b) and replacing it with language providing this section
applies only to a municipality that has a population of 2,500 or more and
is located in a county that has a population of more than 75,000 and in all
or part of which the sale of all alcoholic beverages has been legalized.