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requesting that the signature be withdrawn from the petition.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.