1-1 By: Truitt, Denny, Reyna of Bexar H.B. No. 1222 1-2 (Senate Sponsor - Harris) 1-3 (In the Senate - Received from the House April 2, 2001; 1-4 April 3, 2001, read first time and referred to Committee on 1-5 Intergovernmental Relations; May 4, 2001, reported favorably by the 1-6 following vote: Yeas 5, Nays 0; May 4, 2001, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the sale of wine for off-premises consumption and to 1-10 certain local option elections to permit those sales. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter A, Chapter 251, Alcoholic Beverage 1-13 Code, is amended by adding Section 251.19 to read as follows: 1-14 Sec. 251.19. ELECTION IN CERTAIN CITIES AND TOWNS. (a) This 1-15 section applies only to an election to permit or prohibit the legal 1-16 sale of wine for off-premises consumption only in an incorporated 1-17 city or town: 1-18 (1) in which there has been an election under this 1-19 chapter authorizing the legal sale of any type of alcoholic 1-20 beverage in any portion of the city or town; 1-21 (2) that is located in two counties: 1-22 (A) that each have a population of at least 1-23 400,000 but not more than 1.75 million; and 1-24 (B) one of which contains a city or town with a 1-25 population of 400,000 or more; and 1-26 (3) that has a population of less than 35,000. 1-27 (b) The ballot in an election under this section shall be 1-28 prepared to permit voting for or against "The legal sale of wine 1-29 for off-premise consumption only." 1-30 (c) An election under this section shall be conducted by the 1-31 city or town instead of the county. For purposes of an election 1-32 conducted under this section, a reference in this code: 1-33 (1) to the county is considered to refer to the city 1-34 or town; 1-35 (2) to the commissioners court is considered to refer 1-36 to the governing body of the city or town; 1-37 (3) to the county clerk or registrar of voters is 1-38 considered to refer to the secretary of the city or town or, if the 1-39 city or town does not have a secretary, to the person performing 1-40 the functions of a secretary of the city or town; and 1-41 (4) to the county judge is considered to refer to the 1-42 mayor of the city or town or, if the city or town does not have a 1-43 mayor, to the presiding officer of the governing body of the city 1-44 or town. 1-45 (d) The city or town shall pay the expense of the election. 1-46 (e) An action to contest the election under Section 251.55 1-47 may be brought in the district court of any county in which the 1-48 city or town is located. 1-49 SECTION 2. Section 24.01, Alcoholic Beverage Code, is 1-50 amended to read as follows: 1-51 Sec. 24.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine 1-52 only package store permit may: 1-53 (1) purchase ale, wine, and vinous liquors in this 1-54 state from the holder of a winery, wine bottler's, wholesaler's, or 1-55 class B wholesaler's permit; and 1-56 (2) sell those beverages to consumers at retail on or 1-57 from the licensed premises in unbroken original containers of not 1-58 less than six ounces for off-premises consumption only and not for 1-59 the purpose of resale. 1-60 (b) The holder of a wine only package store permit whose 1-61 premises is located in a wet area permitting the legal sale of wine 1-62 for off-premises consumption only as determined by an election held 1-63 under Section 251.19 may only purchase, sell, or possess vinous 1-64 liquor on those licensed premises. 2-1 (c) The qualifications for a wine only package store permit 2-2 whose premises is in a wet area permitting the legal sale of wine 2-3 for off-premises consumption only as determined by an election held 2-4 under Section 251.19 are the same as the qualifications for a 2-5 permit issued under Chapter 26 of this code, including the 2-6 citizenship requirements prescribed by Section 6.03. 2-7 SECTION 3. This Act takes effect September 1, 2001. 2-8 * * * * *