78R4817 MCK-D

By:  Goodman                                                      H.B. No. 1659


A BILL TO BE ENTITLED
AN ACT
relating to certain procedures for local option elections. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 251.07, Alcoholic Beverage Code, is amended to read as follows: Sec. 251.07. HEADING AND STATEMENT ON PETITION TO PROHIBIT. Each page of a [The] petition for a local option election seeking to prohibit the sale of alcoholic beverages of one or more of the various types and alcoholic contents shall be headed "Petition for Local Option Election to Prohibit." Each page of the [The] petition shall contain a statement just ahead of the signatures of the petitioners, as follows: "It is the hope, purpose and intent of the petitioners whose signatures appear hereon to see prohibited the sale of alcoholic beverages referred to in the issue set out above." Each page of the [The] petition must clearly state the issue to be voted on, and that issue must be one of those issues set out in Section 251.14 of this code. SECTION 2. Section 251.08, Alcoholic Beverage Code, is amended to read as follows: Sec. 251.08. HEADING AND STATEMENT ON PETITION TO LEGALIZE. Each page of a [The] petition for a local option election seeking to legalize the sale of alcoholic beverages of one or more of the various types and alcoholic contents shall be headed "Petition for Local Option Election to Legalize." Each page of the [The] petition shall contain a statement just ahead of the signatures of the petitioners, as follows: "It is the hope, purpose and intent of the petitioners whose signatures appear hereon to see legalized the sale of alcoholic beverages referred to in the issue set out above." Each page of the [The] petition must clearly state the issue to be voted on, and that issue must be one of those issues set out in Section 251.14 of this code. SECTION 3. Subchapter A, Chapter 251, Alcoholic Beverage Code, is amended by adding Section 251.101 to read as follows: Sec. 251.101. WITHDRAWAL OF SIGNATURE. (a) A signer may not withdraw the signature from a petition on or after the date the petition is received by the county clerk. Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the county clerk an affidavit requesting that the signature be withdrawn from the petition. (b) A withdrawal affidavit filed by mail is considered to be filed at the time of its receipt by the county clerk. (c) The withdrawal of a signature nullifies the signature on the petition and places the signer in the same position as if the signer had not signed the petition. SECTION 4. Subchapter D, Chapter 251, Alcoholic Beverage Code, is amended by adding Sections 251.82 and 251.83 to read as follows: Sec. 251.82. TRAINING FOR COUNTY ELECTION OFFICIALS. The secretary of state shall conduct a training program for county election officials about the requirements of this chapter. Sec. 251.83. DUTIES OF SECRETARY OF STATE. (a) The secretary of state shall assist and advise county election officials with regard to the application, operation, and interpretation of this chapter. (b) The secretary of state shall provide information to and answer inquiries by election officials relating to the administration of a local option election under this chapter. SECTION 5. This Act takes effect September 1, 2003.