By Keel                                               H.B. No. 1948
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a local option election to allow or prohibit the sale
 1-3     of wine by the holder of a winery permit.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 251.11, Alcoholic Beverage Code, is
 1-6     amended by amending Subsection (a) and adding Subsection (c) to
 1-7     read as follows:
 1-8           (a)  Except as provided by Subsection (b) or (c), the
 1-9     commissioners court, at its next regular session after the petition
1-10     is filed, shall order a local option election to be held on the
1-11     issue set out in the petition if the petition is filed with the
1-12     registrar of voters not later than 30 days after it is issued and
1-13     bears in the actual handwriting of the signers the following:
1-14                 (1)  the actual signatures of a number of qualified
1-15     voters of the political subdivision equal to 35 percent of the
1-16     registered voters in the subdivision;
1-17                 (2)  a notation showing the residence address of each
1-18     of the signers; and
1-19                 (3)  each signer's voter registration certificate
1-20     number.
1-21           (c)  A petition for a local option election related to the
1-22     legalization of the sale of wine on the premises of a holder of a
1-23     winery permit must have the actual signatures, residence addresses,
1-24     and voter registration certificate numbers of a number of qualified
 2-1     voters of the political subdivision equal to 25 percent of the
 2-2     registered voters in the subdivision who voted in the most recent
 2-3     general election.
 2-4           SECTION 2.  Sections 251.14(b) and (e), Alcoholic Beverage
 2-5     Code, are amended to read as follows:
 2-6           (b)  In areas where any type or classification of alcoholic
 2-7     beverages is prohibited and the issue submitted pertains to
 2-8     legalization of the sale of one or more of the prohibited types or
 2-9     classifications, the ballot shall be prepared to permit voting for
2-10     or against one of the following issues:
2-11                 (1)  "The legal sale of beer for off-premise
2-12     consumption only."
2-13                 (2)  "The legal sale of beer."
2-14                 (3)  "The legal sale of beer and wine for off-premise
2-15     consumption only."
2-16                 (4)  "The legal sale of beer and wine."
2-17                 (5)  "The legal sale of all alcoholic beverages for
2-18     off-premise consumption only."
2-19                 (6)  "The legal sale of all alcoholic beverages except
2-20     mixed beverages."
2-21                 (7)  "The legal sale of all alcoholic beverages
2-22     including mixed beverages."
2-23                 (8)  "The legal sale of mixed beverages."
2-24                 (9)  "The legal sale of mixed beverages in restaurants
2-25     by food and beverage certificate holders only."
2-26                 (10)  "The legal sale of wine on the premises of a
2-27     holder of a winery permit."
 3-1           (e)  In areas where the sale of beverages containing alcohol
 3-2     not in excess of 17 percent by volume has been legalized, and those
 3-3     of higher alcoholic content are prohibited, the ballot shall be
 3-4     prepared to permit voting for or against one of the following
 3-5     issues in any prohibitory election:
 3-6                 (1)  "The legal sale of beer for off-premise
 3-7     consumption only."
 3-8                 (2)  "The legal sale of beer."
 3-9                 (3)  "The legal sale of beer and wine for off-premise
3-10     consumption only."
3-11                 (4)  "The legal sale of beer and wine."
3-12                 (5)  "The legal sale of wine on the premises of a
3-13     holder of a winery permit."
3-14           SECTION 3.  This Act takes effect September 1, 2001.