By: Krusee H.B. No. 1199
A BILL TO BE ENTITLED
AN ACT
relating to local option elections for the sale of alcoholic
beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.10, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.10. VERIFICATION OF PETITION. (a) The registrar
of voters of the county shall check the names of the signers of
petitions and the voting precincts in which they reside to
determine whether the signers of the petition were qualified voters
of the county, justice precinct, or incorporated city or town at the
time the petition was issued. The petition shall comply with the
provisions of Chapter 277 of the Election Code. The registrar shall
certify to the commissioners court the number of qualified voters
signing the petition.
[(b) No signature may be counted, either by the registrar or
commissioners court, where there is reason to believe that:
[(1) it is not the actual signature of the purported
signer;
[(2) the voter registration certificate number is not
correct;
[(3) the voter registration certificate number is not
in the actual handwriting of the signer;
[(4) it is a duplication either of a name or of
handwriting used in any other signature on the petition;
[(5) the residence address of the signer is not
correct or is not in the actual handwriting of the signer; or
[(6) the name of the voter is not signed exactly as it
appears on the official copy of the current list of registered
voters for the voting year in which the petition is issued.]
SECTION 2. Section 251.11, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.11. REQUIREMENTS TO ORDER ELECTION. The [(a)
Except as provided by Subsection (b), the] commissioners court, at
its next regular session 30 days after the petition is filed, shall
order a local option election to be held on the issue set out in the
petition if the petition is filed with the registrar of voters not
later than 30 days after it is issued if the population of the
political subdivision is less than 100,000, 60 days after it is
issued if the population of the political subdivision is between
100,000 and 200,000 and 90 days after it is issued if the population
of the political subdivision is over 200,000 and bears [in the
actual handwriting of the signers the following:
[(1)] the actual signatures of a number of qualified
voters of the political subdivision equal to 25 [35] percent of the
registered voters in the subdivision who voted in the most recent
gubernatorial election.[;
[(2) a notation showing the residence address of each
of the signers; and
[(3) each signer's voter registration certificate
number.
[(b) A petition for a local option election related to the
legalization of the sale of mixed beverages only in an
establishment that holds a food and beverage certificate must have
the actual signatures, residence addresses, and voter registration
certificate numbers of a number of qualified voters of the
political subdivision equal to 25 percent of the registered voters
in the subdivision. The petition must be filed not later than 30
days after it is issued.]
SECTION 3. Section 251.18, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.18. ELECTION IN CERTAIN CITIES AND
TOWNS. (a) This section applies only to an election to permit or
prohibit the legal sale of alcoholic beverages in an incorporated
city or town that is located in more than one county.[:
[(1) mixed beverages by a food and beverage
certificate holder in an incorporated city or town that is located
in more than one county; or
[(2) beer and wine in an incorporated city or town that
does not permit beer and wine sales on September 1, 2001, and is
located in:
[(A) two counties:
[(i) that each have a population of at least
250,000 but not more than one million; and
[(ii) one of which contains a city or town
with a population of 125,000 or more; or
[(B) three counties:
[(i) that each have a population of not more
than 300,000; and
[(ii) one of which contains a city or town
with a population of 20,000 or more.]
(b) An election to which this section applies shall be
conducted by the city or town instead of the county. For the
purposes of this section, in this subchapter and Subchapters B and
C:
(1) a reference to the county is considered to refer to
the city or town;
(2) a reference to the commissioners court is
considered to refer to the governing body of the city or town;
(3) a reference 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) a reference 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.
(c) The city or town shall pay the expense of the election.
SECTION 4. Section 251.31, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.31. CONFORM TO GENERAL ELECTION LAWS. (a) The
officers holding the local option election shall conform to the
general laws regulating elections unless otherwise provided in this
chapter.
(b) The votes shall be counted [after the polls are closed]
and the report of the election submitted to the commissioners court
within 24 hours after the closing of the polls.
SECTION 5. Section 251.35, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.35. APPOINTMENT OF ELECTION JUDGES, CLERKS, AND
WATCHERS. (a) [Election judges, clerks, and watchers shall be
qualified voters of the election precinct in which they are named to
serve.
[(b)] Appointment of election judges and clerks shall be in
accordance with the general election laws.
(b) [(c)] Election watchers may be appointed in accordance
with general law[, but they must be qualified voters of the election
precinct where they serve].
SECTION 6. Section 251.80, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.80. CHANGE IN [PRECINCT] BOUNDARIES. (a)
Whenever a local option status is once legally put into effect as
the result of the vote in a justice precinct, such status shall
remain in effect until the status is changed as the result of a vote
in the same territory that comprised the precinct when such status
was established. If the boundaries of the justice precinct have
changed since such status was established, the commissioners court
shall, for purposes of a local option election, define the
boundaries of the original precinct. A local option election may be
held within the territory defined by the commissioners court as
constituting such original precinct.
(b) In areas annexed by a city, the area annexed may vote to
adopt the status of the city annexing the area. The provisions of
this chapter relating to an election in an incorporated city shall
apply to an election in the annexed area.
(c) [(b)] Nothing in this section is intended to affect the
operation of Section 251.73 of this code.
(d) [(c)] The provisions of Section 251.40 of this code
relating to the payment of local option election expenses shall
apply to elections held in a territory that is defined in accordance
with Subsection (a) of this section.
SECTION 7. Section 277.001, Election Code, is amended to
read as follows:
Sec. 277.001. APPLICABILITY OF CHAPTER. This chapter
applies to a petition authorized or required to be filed under a law
outside this code in connection with an election[, except a
petition for a local option election held under the Alcoholic
Beverage Code].
SECTION 8. Section 251.32, Alcoholic Beverage Code, is
repealed.
SECTION 9. Section 251.33, Alcoholic Beverage Code, is
repealed.
SECTION 10. Section 251.36, Alcoholic Beverage Code, is
repealed.
SECTION 11. This Act takes effect September 1, 2003.