By Truitt, Denny, Reyna of Bexar H.B. No. 1222
Substitute the following for H.B. No. 1222:
By Reyna of Bexar C.S.H.B. No. 1222
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain local option elections under the Alcoholic
1-3 Beverage Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 251, Alcoholic Beverage
1-6 Code, is amended by adding a new Section 251.19 to read as follows:
1-7 Sec. 251.19. ELECTION IN CERTAIN CITIES AND TOWNS. (a) This
1-8 section applies only to an election to permit or prohibit the legal
1-9 sale of wine for off-premises consumption only in an incorporated
1-10 city or town in which:
1-11 (1) there has been an election under this chapter
1-12 authorizing the legal sale of any type of alcoholic beverage in any
1-13 portion of the city or town;
1-14 (2) that is located in two counties:
1-15 (A) that each have a population of at least
1-16 400,000 but not more than 1.75 million; and
1-17 (B) one of which contains a city or town with a
1-18 population of 400,000 or more;
1-19 (3) that has a population of less than 35,000
1-20 (b) The ballot in an election under this section shall be
1-21 prepared to permit voting for or against "The legal sale of wine
1-22 for off-premise consumption only."
1-23 (c) An election under this section shall be conducted by the
1-24 city or town instead of the county. For purposes of an election
2-1 conducted under this section, a reference in this code:
2-2 (1) to the county is considered to refer to the city
2-3 or town;
2-4 (2) to the commissioners court is considered to refer
2-5 to the governing body of the city or town;
2-6 (3) to the county clerk or registrar of voters is
2-7 considered to refer to the secretary of the city or town or, if the
2-8 city or town does not have a secretary, to the person performing
2-9 the functions of a secretary of the city or town;
2-10 (4) to the county judge is considered to refer to the
2-11 mayor of the city or town or, if the city or town does not have a
2-12 mayor, to the presiding officer of the governing body of the city
2-13 or town.
2-14 (d) The city or town shall pay the expense of the election.
2-15 (e) An action to contest the election under Section 251.55
2-16 may be brought in the district court of any county in which the
2-17 city or town is located.
2-18 SECTION 2. Section 24.01, Alcoholic Beverage Code is amended
2-19 to read as follows:
2-20 Sec. 24.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine
2-21 only package store permit may:
2-22 (1) purchase ale, wine, and vinous liquors in this
2-23 state from the holder of a winery, wine bottler's, wholesaler's, or
2-24 class B wholesaler's permit; and
2-25 (2) sell those beverages to consumers at retail on or
2-26 from the licensed premises in unbroken original containers of not
2-27 less than six ounces for off-premises consumption only and not for
3-1 the purpose of resale.
3-2 (b) The holder of a wine only package store permit whose
3-3 premises is located in a wet area permitting the legal sale of wine
3-4 for off-premises consumption only as determined by an election held
3-5 under Section 251.19 may only purchase, sell, or possess vinous
3-6 liquor on those licensed premises.
3-7 (c) The qualifications for a wine only package store permit
3-8 whose premises is in a wet area permitting the legal sale of wine
3-9 for off-premises consumption only as determined by an election held
3-10 under Section 251.19 are the same as the qualifications as for a
3-11 permit issued under Chapter 26 of this code, including the
3-12 citizenship requirements prescribed by Section 6.03.
3-13 SECTION 3. This Act takes effect September 1, 2001.