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 amended
 1-5     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.