1-1     By:  Staples                                          S.B. No. 1145
 1-2           (In the Senate - Filed March 6, 2001; March 7, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 17, 2001, reported favorably, as amended, by the
 1-5     following vote:  Yeas 4, Nays 1; April 17, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Staples
 1-7     Amend S.B. No. 1145 in SECTION 1 of the bill as follows:
 1-8           (1)  In Subdivision (2), Subsection (a), Section 251.742,
 1-9     Alcoholic Beverage Code, as added by the bill, strike "20
1-10     commercial establishments "and substitute "five commercial
1-11     establishments" (Introduced version page 1, line 35).
1-12           (2)  Strike Subsection (b), Section 251.742, Alcoholic
1-13     Beverage Code, as added by the bill, (Introduced version page 1,
1-14     lines 36-39) and substitute the following:
1-15           (b)  This section applies only to a municipality that:
1-16                 (1)  has a population of 2,500 or more; and
1-17                 (2)  is located in a county:
1-18                       (A)  that has a population of more than 75,000;
1-19     and
1-20                       (B)  in all or part of which the sale of all
1-21     alcoholic beverages has been legalized.
1-22                            A BILL TO BE ENTITLED
1-23                                   AN ACT
1-24     relating to a local option election on alcoholic beverage zones in
1-25     municipal commercial areas.
1-26           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27           SECTION 1.  Subchapter D, Chapter 251, Alcoholic Beverage
1-28     Code, is amended by adding Section 251.742 to read as follows:
1-29           Sec. 251.742.  MUNICIPAL ALCOHOLIC BEVERAGE ZONE.  (a)  In
1-30     this section, "commercial area" means a contiguous area:
1-31                 (1)  in which 75 percent or more of the land area,
1-32     excluding street rights-of-way, is devoted to or restricted to any
1-33     combination of retail, restaurant, entertainment, office,
1-34     government, or business uses; and
1-35                 (2)  includes at least 20 commercial establishments.
1-36           (b)  This section applies only to a municipality that:
1-37                 (1)  has a population of 25,000 or more; and
1-38                 (2)  is located in a county described by Section
1-39     251.74(a).
1-40           (c)  The governing body of a municipality by resolution may
1-41     propose a zone within a commercial area of the municipality to be
1-42     designated as a zone in which the legal sale of one or more
1-43     prohibited types or classifications of alcoholic beverages may be
1-44     considered in a local option election under this section.  The
1-45     resolution must:
1-46                 (1)  describe the boundaries of the proposed zone; and
1-47                 (2)  request that the county commissioners court of the
1-48     county in which the municipality is located:
1-49                       (A)  call an election on the issue; and
1-50                       (B)  prepare the ballot for the election that
1-51     describes the boundaries of the proposed zone and permits voting
1-52     for or against one of the ballot issues prescribed by Section
1-53     251.14 with respect to the proposed zone.
1-54           (d)  An alcoholic beverage zone proposed under Subsection (c)
1-55     may not include an area that is incorporated in an existing
1-56     alcoholic beverage zone or that was incorporated in a proposed zone
1-57     for which a local option election was conducted during the two-year
1-58     period preceding the date of the resolution proposing the zone.
1-59           (e)  The commissioners court shall order an election on the
1-60     issue unless the commissioners court determines that the proposed
1-61     zone does not conform to the requirements of this section.
1-62           (f)  The qualified voters of a municipality may petition the
1-63     commissioners court of the county in which the municipality is
 2-1     located, in the manner prescribed by this chapter, to order an
 2-2     election to alter the status of the sale of any type or
 2-3     classification of alcoholic beverages that has been legalized in a
 2-4     zone by an election conducted under this section.
 2-5           (g)  An election conducted under this section shall be
 2-6     conducted within the entire boundaries of the municipality in which
 2-7     an alcoholic beverage zone is proposed as those boundaries exist on
 2-8     the date of the election.  The results of the election affect only
 2-9     the wet or dry status of the area within the boundaries of the
2-10     zone.
2-11           (h)  The provisions for conducting a local option election
2-12     under this chapter apply to an election conducted under this
2-13     section to the extent those provisions do not conflict with this
2-14     section.
2-15           (i)  A municipality shall bear the cost of an election held
2-16     in the municipality under this section.
2-17           (j)  The results of an election conducted under this section
2-18     do not affect the legal sale of one or more types or
2-19     classifications of alcoholic beverages that are permitted in the
2-20     zone because of the zone's inclusion in a political subdivision.
2-21           SECTION 2.  This Act takes effect September 1, 2001.
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