1-1 By: Keel (Senate Sponsor - Ogden) H.B. No. 1948 1-2 (In the Senate - Received from the House April 24, 2001; 1-3 April 25, 2001, read first time and referred to Committee on State 1-4 Affairs; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to a local option election to allow or prohibit the sale 1-9 of wine by the holder of a winery permit. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 251.11, Alcoholic Beverage Code, is 1-12 amended by amending Subsection (a) and adding Subsection (c) to 1-13 read as follows: 1-14 (a) Except as provided by Subsection (b) or (c), the 1-15 commissioners court, at its next regular session after the petition 1-16 is filed, shall order a local option election to be held on the 1-17 issue set out in the petition if the petition is filed with the 1-18 registrar of voters not later than 30 days after it is issued and 1-19 bears in the actual handwriting of the signers the following: 1-20 (1) the actual signatures of a number of qualified 1-21 voters of the political subdivision equal to 35 percent of the 1-22 registered voters in the subdivision; 1-23 (2) a notation showing the residence address of each 1-24 of the signers; and 1-25 (3) each signer's voter registration certificate 1-26 number. 1-27 (c) A petition for a local option election related to the 1-28 legalization of the sale of wine on the premises of a holder of a 1-29 winery permit must have the actual signatures, residence addresses, 1-30 and voter registration certificate numbers of a number of qualified 1-31 voters of the political subdivision equal to 25 percent of the 1-32 registered voters in the subdivision who voted in the most recent 1-33 general election. 1-34 SECTION 2. Sections 251.14(b) and (e), Alcoholic Beverage 1-35 Code, are amended to read as follows: 1-36 (b) In areas where any type or classification of alcoholic 1-37 beverages is prohibited and the issue submitted pertains to 1-38 legalization of the sale of one or more of the prohibited types or 1-39 classifications, the ballot shall be prepared to permit voting for 1-40 or against one of the following issues: 1-41 (1) "The legal sale of beer for off-premise 1-42 consumption only." 1-43 (2) "The legal sale of beer." 1-44 (3) "The legal sale of beer and wine for off-premise 1-45 consumption only." 1-46 (4) "The legal sale of beer and wine." 1-47 (5) "The legal sale of all alcoholic beverages for 1-48 off-premise consumption only." 1-49 (6) "The legal sale of all alcoholic beverages except 1-50 mixed beverages." 1-51 (7) "The legal sale of all alcoholic beverages 1-52 including mixed beverages." 1-53 (8) "The legal sale of mixed beverages." 1-54 (9) "The legal sale of mixed beverages in restaurants 1-55 by food and beverage certificate holders only." 1-56 (10) "The legal sale of wine on the premises of a 1-57 holder of a winery permit." 1-58 (e) In areas where the sale of beverages containing alcohol 1-59 not in excess of 17 percent by volume has been legalized, and those 1-60 of higher alcoholic content are prohibited, the ballot shall be 1-61 prepared to permit voting for or against one of the following 1-62 issues in any prohibitory election: 1-63 (1) "The legal sale of beer for off-premise 1-64 consumption only." 2-1 (2) "The legal sale of beer." 2-2 (3) "The legal sale of beer and wine for off-premise 2-3 consumption only." 2-4 (4) "The legal sale of beer and wine." 2-5 (5) "The legal sale of wine on the premises of a 2-6 holder of a winery permit." 2-7 SECTION 3. This Act takes effect September 1, 2001. 2-8 * * * * *