By Chisum H.B. No. 3066 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the ballot issues of a local option election. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 251.14, Alcoholic Beverage Code, is 1-5 amended to read as follows: 1-6 Sec. 251.14. ISSUES. (a) In the ballot issues prescribed 1-7 in this section, "wine" is limited to vinous beverages that do not 1-8 contain more than 17 percent alcohol by volume and includes malt 1-9 beverages that do not exceed that alcohol content. For local 1-10 option purposes, those beverages, sold and dispensed to the public 1-11 in unbroken, sealed, individual containers, are a separate and 1-12 distinct type of alcoholic beverage. 1-13 (b) In areas where any type or classification of alcoholic 1-14 beverages is prohibited and the issue submitted pertains to 1-15 legalization of the sale of one or more of the prohibited types or 1-16 classifications, the ballot shall be prepared to permit voting for 1-17 or against one of the following issues: 1-18 (1) "The legal sale of beer for off-premise 1-19 consumption only." 1-20 (2) "The legal sale of beer." 1-21 (3) "The legal sale of beer and wine for off-premise 1-22 consumption only." 1-23 (4) "The legal sale of beer and wine." 1-24 (5) "The legal sale of all alcoholic beverages for 2-1 off-premise consumption only." 2-2 (6) "The legal sale of all alcoholic beverages except 2-3 mixed beverages." 2-4 (7) "The legal sale of all alcoholic beverages 2-5 including mixed beverages." 2-6 (8) "The legal sale of mixed beverages." 2-7 (9) "The legal sale of mixed beverages in restaurants 2-8 by food and beverage certificate holders only." 2-9 (c) In areas where the sale of all alcoholic beverages 2-10 including mixed beverages has been legalized, the ballot shall be 2-11 prepared to permit voting for or against one of the following 2-12 issues in any prohibitory election: 2-13 (1) "The legal sale of beer for off-premise 2-14 consumption only." 2-15 (2) "The legal sale of beer." 2-16 (3) "The legal sale of beer and wine for off-premise 2-17 consumption only." 2-18 (4) "The legal sale of beer and wine." 2-19 (5) "The legal sale of all alcoholic beverages for 2-20 off-premise consumption only." 2-21 (6) "The legal sale of all alcoholic beverages except 2-22 mixed beverages." 2-23 (7) "The legal sale of all alcoholic beverages 2-24 including mixed beverages." 2-25 (8) "The legal sale of mixed beverages." 2-26 (9) "The legal sale of mixed beverages in restaurants 2-27 by food and beverage certificate holders only." 3-1 (d) In areas where the sale of all alcoholic beverages 3-2 except mixed beverages has been legalized, the ballot shall be 3-3 prepared to permit voting for or against one of the following 3-4 issues in any prohibitory elections: 3-5 (1) "The legal sale of beer for off-premise 3-6 consumption only." 3-7 (2) "The legal sale of beer." 3-8 (3) "The legal sale of beer and wine for off-premise 3-9 consumption only." 3-10 (4) "The legal sale of beer and wine." 3-11 (5) "The legal sale of all alcoholic beverages for 3-12 off-premise consumption only." 3-13 (6) "The legal sale of all alcoholic beverages except 3-14 mixed beverages." 3-15 (e) In areas where the sale of beverages containing alcohol 3-16 not in excess of 17 percent by volume has been legalized, and those 3-17 of higher alcoholic content are prohibited, the ballot shall be 3-18 prepared to permit voting for or against one of the following 3-19 issues in any prohibitory election: 3-20 (1) "The legal sale of beer for off-premise 3-21 consumption only." 3-22 (2) "The legal sale of beer." 3-23 (3) "The legal sale of beer and wine for off-premise 3-24 consumption only." 3-25 (4) "The legal sale of beer and wine." 3-26 (f) In areas where the sale of beer containing alcohol not 3-27 exceeding four percent by weight has been legalized, and all other 4-1 alcoholic beverages are prohibited, the ballot shall be prepared to 4-2 permit voting for or against one of the following issues in any 4-3 prohibitory election: 4-4 (1) "The legal sale of beer for off-premise 4-5 consumption only." 4-6 (2) "The legal sale of beer." 4-7 (g) In an area where the sale of a particular type of 4-8 alcoholic beverage has been legalized only for off-premises 4-9 consumption, no alcoholic beverage may be consumed on the licensed 4-10 premises and no type of alcoholic beverage other than the type 4-11 legalized may be sold. 4-12 (h) In a county with a population of less than 10,000, with 4-13 only a single incorporated municipality, and where the sale of all 4-14 alcoholic beverages including mixed beverages is prohibited, the 4-15 ballot issue may also limit alcohol sales in terms of: 4-16 (1) number of drinks allowed for on-premises 4-17 consumption. 4-18 (2) percentage of gross receipts for on-premises 4-19 consumption. 4-20 SECTION 2. This Act takes effect September 1, 2001.