By Denny H.B. No. 3400
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 certain local option elections under the Alcoholic
1-3 Beverage Code.
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 a new Section 251.20 to read as follows:
1-7 Sec. 251.20. ELECTION IN CERTAIN CITIES AND TOWNS. (a) This
1-8 section applies only to an election to permit or prohibit the legal
1-9 sale of wine for off-premises consumption only in an incorporated
1-10 city or town:
1-11 (1) that 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;
1-16 (2) that has a population of less than 9,000 and more
1-17 than 4,800
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 and beer for off-premise 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:
2-1 (1) to the county is considered to refer to the city
2-2 or town;
2-3 (2) to the commissioners court is considered to refer
2-4 to the governing body of the city or town;
2-5 (3) to the county clerk or registrar of voters is
2-6 considered to refer to the secretary of the city or town or, if the
2-7 city or town does not have a secretary, to the person performing
2-8 the functions of a secretary of the city or town;
2-9 (4) to the county judge is considered to refer to the
2-10 mayor of the city or town or, if the city or town does not have a
2-11 mayor, to the presiding officer of the governing body of the city
2-12 or town.
2-13 (d) The city or town shall pay the expense of the election.
2-14 (e) An action to contest the election under Section 251.55
2-15 may be brought in the district court of any county in which the
2-16 city or town is located.
2-17 SECTION 2. Section 24.01, Alcoholic Beverage Code is amended
2-18 to read as follows:
2-19 Sec. 24.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine
2-20 only package store permit may:
2-21 (1) purchase ale, wine, and vinous liquors in this
2-22 state from the holder of a winery, wine bottler's, wholesaler's, or
2-23 class B wholesaler's permit; and
2-24 (2) sell those beverages to consumers at retail on or
2-25 from the licensed premises in unbroken original containers of not
2-26 less than six ounces for off-premises consumption only and not for
3-1 the purpose of resale.
3-2 (b) The holder of a wine only package store permit whose
3-3 premises is located in a wet area permitting the legal sale of wine
3-4 for off-premises consumption only as determined by an election held
3-5 under Section 251.20 may only purchase, sell, or possess vinous
3-6 liquor on those licensed premises.
3-7 (c) The qualifications for a wine only package store permit
3-8 whose premises is in a wet area permitting the legal sale of beer
3-9 or wine for off-premises consumption only as determined by an
3-10 election held under Section 251.20 are the same as the
3-11 qualifications as for a permit issued under Chapter 26 of this
3-12 code.
3-13 SECTION 3. This Act takes effect September 1, 2001.