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.