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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1948 was passed by the House on April
23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1948 was passed by the Senate on May
23, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor