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78R2464 AJA-D

By:  Denny                                                        H.B. No. 306



A BILL TO BE ENTITLED

AN ACT

relating to certain local option elections for certain cities 
located in more than one county.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 251, Alcoholic Beverage 
Code, is amended by adding Section 251.20 to read as follows:
	Sec. 251.20.  ELECTION IN CERTAIN CITIES AND TOWNS:  BEER AND 
WINE.  (a)  This section applies only to an election to permit or 
prohibit the legal sale of beer and wine in an incorporated city or 
town that:
		(1)  is located in two counties:                                       
			(A)  that each have a population of at least 
400,000 but not more than 1.75 million; and
			(B)  one of which contains a city or town with a 
population of 400,000 or more; and
		(2)  has a population of more than 4,800 and less than 
9,000.        
	(b)  The ballot in an election under this section shall be 
prepared to permit voting for or against "The legal sale of beer and 
wine."
	(c)  An election under this section shall be conducted by the 
city or town instead of the county.  For purposes of an election 
conducted under this section, a reference in this code:
		(1)  to the county is considered to refer to the city or 
town;       
		(2)  to the commissioners court is considered to refer 
to the governing body of the city or town;
		(3)  to the county clerk or registrar of voters is 
considered to refer to the secretary of the city or town or, if the 
city or town does not have a secretary, to the person performing the 
functions of a secretary of the city or town; and
		(4)  to the county judge is considered to refer to the 
mayor of the city or town or, if the city or town does not have a 
mayor, to the presiding officer of the governing body of the city or 
town.
	(d)  The city or town shall pay the expense of the election.            
	(e)  An action to contest the election under Section 251.55 
may be brought in the district court of any county in which the city 
or town is located.
	SECTION 2.  This Act takes effect September 1, 2003.