By Truitt H.B. No. 1222
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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) A
1-8 local option election may be called and held on the ballot issue
1-9 for or against "The legal sale of wine for off-premise consumption
1-10 only" if the following requirements are met:
1-11 (1) the election is held by an incorporated city or
1-12 town which is located in two or more counties and;
1-13 (2) the city or town has previously held an election
1-14 under this Chapter at which voters authorized the legal sale of any
1-15 type of alcoholic beverage in any portion of the city or town, and
1-16 (3) the city or town is situated only in two counties,
1-17 one of which is a county within which is located an international
1-18 airport within multiple counties, and in a county with a population
1-19 of less than 800,000, as determined by the 2000 census data, within
1-20 which is located a professional vehicular raceway and other venues;
1-21 and has a population of fewer than 35,000, as determined by the
1-22 2000 census data.
2-1 (b) For purposes of any election conducted under this
2-2 section:
2-3 (1) a reference under this code:
2-4 (A) to the county is considered to refer to the
2-5 city or town;
2-6 (B) to the commissioners court is considered to
2-7 refer to the governing body of the city or town;
2-8 (C) to the county clerk or registrar of voters
2-9 is considered to refer to the secretary of the city or town or, if
2-10 the city or town does not have a secretary, to the person
2-11 performing the functions of a secretary of the city or town;
2-12 (D) to the county judge is considered to refer
2-13 to the mayor of the city or town or, if the city or town does not
2-14 have a mayor, to the presiding officer of the governing body of the
2-15 city or town.
2-16 (2) The city or town shall pay the expense of the
2-17 election.
2-18 (3) An action to contest the election under Section
2-19 251.55 of this chapter may be brought in the district court of any
2-20 county in which the city or town is located.
2-21 SECTION 2. Section 24.01, Alcoholic Beverage Code is amended
2-22 to read as follows:
2-23 Sec. 24.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine
2-24 only package store permit may:
2-25 (1) purchase ale, wine, and vinous liquors in this
2-26 state from the holder of a winery, wine bottler's, wholesaler's, or
3-1 class B wholesaler's permit; and
3-2 (2) sell those beverages to consumers at retail on or
3-3 from the licensed premises in unbroken original containers of not
3-4 less than six ounces for off-premises consumption only and not for
3-5 the purpose of resale.
3-6 (b) The holder of a wine only package store whose premises
3-7 is located in an area that has been voted wet for the sale of wine
3-8 for off-premises consumption only, under section 251.19 of this
3-9 code may only purchase, sell, or possess vinous liquor on those
3-10 licensed premises.
3-11 (c) The qualifications for a wine only package store permit
3-12 whose premises is in an area voted wet for the legal sale of wine
3-13 for off premises consumption only pursuant to Section 251.19 of
3-14 this code, are the same qualifications as for a permit issued under
3-15 Chapter 26 of this code.