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.