77R11518 AJA-F
By Denny H.B. No. 3400
Substitute the following for H.B. No. 3400:
By Wilson C.S.H.B. No. 3400
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain local option elections for certain cities
1-3 located in more than one county.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 251, Alcoholic Beverage
1-6 Code, is amended by adding Section 251.19 to read as follows:
1-7 Sec. 251.19. ELECTION IN CERTAIN CITIES AND TOWNS: WINE FOR
1-8 OFF-PREMISES CONSUMPTION. (a) This section applies only to an
1-9 election to permit or prohibit the legal sale of wine for
1-10 off-premises consumption only in an incorporated city or town that:
1-11 (1) is located in two counties:
1-12 (A) that each have a population of at least
1-13 400,000 but not more than 1.75 million; and
1-14 (B) one of which contains a city or town with a
1-15 population of 400,000 or more; and
1-16 (2) has a population of more than 4,800 and less than
1-17 9,000.
1-18 (b) The ballot in an election under this section shall be
1-19 prepared to permit voting for or against "The legal sale of wine
1-20 for off-premises consumption only."
1-21 (c) An election under this section shall be conducted by the
1-22 city or town instead of the county. For purposes of an election
1-23 conducted under this section, a reference in this code:
1-24 (1) to the county is considered to refer to the city
2-1 or town;
2-2 (2) to the commissioners court is considered to refer
2-3 to the governing body of the city or town;
2-4 (3) to the county clerk or registrar of voters is
2-5 considered to refer to the secretary of the city or town or, if the
2-6 city or town does not have a secretary, to the person performing
2-7 the functions of a secretary of the city or town; and
2-8 (4) to the county judge is considered to refer to the
2-9 mayor of the city or town or, if the city or town does not have a
2-10 mayor, to the presiding officer of the governing body of the city
2-11 or town.
2-12 (d) The city or town shall pay the expense of the election.
2-13 (e) An action to contest the election under Section 251.55
2-14 may be brought in the district court of any county in which the
2-15 city or town is located.
2-16 SECTION 2. Section 24.01, Alcoholic Beverage Code, is amended
2-17 to read as follows:
2-18 Sec. 24.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine
2-19 only package store permit may:
2-20 (1) purchase ale, wine, and vinous liquors in this
2-21 state from the holder of a winery, wine bottler's, wholesaler's or
2-22 class B wholesaler's permit; and
2-23 (2) sell those beverages to consumers at retail on or
2-24 from the licensed premises in unbroken original containers of not
2-25 less than six ounces for off-premises consumption only and not for
2-26 the purpose of resale.
2-27 (b) The holder of a wine only package store permit whose
3-1 premises is located in a wet area permitting the legal sale of wine
3-2 for off-premises consumption only as determined by an election held
3-3 under Section 251.19 may purchase, sell, or possess only vinous
3-4 liquor on those licensed premises.
3-5 (c) The qualifications for a wine only package store permit
3-6 whose premises is in a wet area permitting the legal sale of wine
3-7 for off-premises consumption only as determined by an election held
3-8 under Section 251.19 are the same as the qualifications for a
3-9 permit issued under Chapter 26.
3-10 SECTION 3. This Act takes effect September 1, 2001.