78R2366 MCK-D

By:  Denny                                                        H.B. No. 1500



A BILL TO BE ENTITLED

AN ACT

relating to a local option election for the sale of alcoholic 
beverages in cities or towns located in more than one county.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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[:
		[(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 an election conducted under [of] this section, a 
reference in this code [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.                   
	(d)  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.  Section 251.19, Alcoholic Beverage Code, is 
repealed.            
	SECTION 3.  This Act takes effect September 1, 2003.