By Chisum H.B. No. 3066
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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."
2-1 (5) "The legal sale of all alcoholic beverages for
2-2 off-premise consumption only."
2-3 (6) "The legal sale of all alcoholic beverages except
2-4 mixed beverages."
2-5 (7) "The legal sale of all alcoholic beverages
2-6 including mixed beverages."
2-7 (8) "The legal sale of mixed beverages."
2-8 (9) "The legal sale of mixed beverages in restaurants
2-9 by food and beverage certificate holders only."
2-10 (c) In areas where the sale of all alcoholic beverages
2-11 including mixed beverages has been legalized, the ballot shall be
2-12 prepared to permit voting for or against one of the following
2-13 issues in any prohibitory election:
2-14 (1) "The legal sale of beer for off-premise
2-15 consumption only."
2-16 (2) "The legal sale of beer."
2-17 (3) "The legal sale of beer and wine for off-premise
2-18 consumption only."
2-19 (4) "The legal sale of beer and wine."
2-20 (5) "The legal sale of all alcoholic beverages for
2-21 off-premise consumption only."
2-22 (6) "The legal sale of all alcoholic beverages except
2-23 mixed beverages."
2-24 (7) "The legal sale of all alcoholic beverages
2-25 including mixed beverages."
2-26 (8) "The legal sale of mixed beverages."
3-1 (9) "The legal sale of mixed beverages in restaurants
3-2 by food and beverage certificate holders only."
3-3 (d) In areas where the sale of all alcoholic beverages
3-4 except mixed beverages has been legalized, the ballot shall be
3-5 prepared to permit voting for or against one of the following
3-6 issues in any prohibitory elections:
3-7 (1) "The legal sale of beer for off-premise
3-8 consumption only."
3-9 (2) "The legal sale of beer."
3-10 (3) "The legal sale of beer and wine for off-premise
3-11 consumption only."
3-12 (4) "The legal sale of beer and wine."
3-13 (5) "The legal sale of all alcoholic beverages for
3-14 off-premise consumption only."
3-15 (6) "The legal sale of all alcoholic beverages except
3-16 mixed beverages."
3-17 (e) In areas where the sale of beverages containing alcohol
3-18 not in excess of 17 percent by volume has been legalized, and those
3-19 of higher alcoholic content are prohibited, the ballot shall be
3-20 prepared to permit voting for or against one of the following
3-21 issues in any prohibitory election:
3-22 (1) "The legal sale of beer for off-premise
3-23 consumption only."
3-24 (2) "The legal sale of beer."
3-25 (3) "The legal sale of beer and wine for off-premise
3-26 consumption only."
4-1 (4) "The legal sale of beer and wine."
4-2 (f) In areas where the sale of beer containing alcohol not
4-3 exceeding four percent by weight has been legalized, and all other
4-4 alcoholic beverages are prohibited, the ballot shall be prepared to
4-5 permit voting for or against one of the following issues in any
4-6 prohibitory election:
4-7 (1) "The legal sale of beer for off-premise
4-8 consumption only."
4-9 (2) "The legal sale of beer."
4-10 (g) In an area where the sale of a particular type of
4-11 alcoholic beverage has been legalized only for off-premises
4-12 consumption, no alcoholic beverage may be consumed on the licensed
4-13 premises and no type of alcoholic beverage other than the type
4-14 legalized may be sold.
4-15 (h) In a county with a population of less than 10,000, with
4-16 only a single incorporated municipality, and where the sale of all
4-17 alcoholic beverages including mixed beverages is prohibited, the
4-18 ballot issue may also limit alcohol sales in terms of:
4-19 (1) number of drinks allowed for on-premises
4-20 consumption.
4-21 (2) percentage of gross receipts for on-premises
4-22 consumption.
4-23 SECTION 2. This Act takes effect September 1, 2001.