78R7532 AJA-D
By: Ellis H.B. No. 2621
A BILL TO BE ENTITLED
AN ACT
relating to local option elections to allow the legalization or
prohibition of alcoholic beverages in certain special districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.01. ELECTION TO BE HELD. (a) On proper petition
by the required number of voters of a county, or of a justice
precinct or incorporated city or town in the county, the
commissioners court shall order a local option election in the
political subdivision to determine whether or not the sale of
alcoholic beverages of one or more of the various types and
alcoholic contents shall be prohibited or legalized in the county,
justice precinct, or incorporated city or town.
(b) On proper petition by the required number of voters of
an improvement district described by Subsection (c), the
commissioners court shall order a local option election in the
improvement district to determine whether or not the sale of mixed
beverages in restaurants by a food and beverage certificate holder
shall be prohibited or legalized in the improvement district.
(c) An election under this chapter may be held in an
improvement district that is a political subdivision that has the
powers of:
(1) a municipal management district under Subchapter
E, Chapter 375, Local Government Code;
(2) an industrial development corporation organized
under the Development Corporation Act of 1979 (Article 5190.6,
Vernon's Texas Civil Statutes); and
(3) a home-rule municipality with a population of more
than 100,000 under Chapter 380, Local Government Code, and
Subchapter A, Chapter 1509, Government Code.
SECTION 2. Section 251.03, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.03. APPLICATION FOR PETITION. If 10 or more
qualified voters of any county, justice precinct, improvement
district, or incorporated city or town file a written application,
the county clerk of the county shall issue to the applicants a
petition to be circulated among the qualified voters of that
political subdivision for the signatures of those qualified voters
in the area who desire that a local option election be called in
that area for the purpose of determining whether the sale of
alcoholic beverages of one or more of the various types and
alcoholic contents shall be prohibited or legalized in the
political subdivision.
SECTION 3. Section 251.09(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The county clerk shall supply as many copies of the
petition as may be required by the applicants but not to exceed more
than one page of the petition for every 10 registered voters in the
county, justice precinct, improvement district, or incorporated
city or town. Each copy shall bear the date, number, and seal on
each page as required on the original petition.
SECTION 4. Section 251.10(a), Alcoholic Beverage Code, is
amended to read as follows:
(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, improvement
district, or incorporated city or town at the time the petition was
issued. The registrar shall certify to the commissioners court the
number of qualified voters signing the petition.
SECTION 5. Section 251.32, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.32. NOTICE OF ELECTION. The county clerk shall
post or cause to be posted at least one copy of the election order in
each precinct of the county, justice precinct, improvement
district, or incorporated city or town affected. The notice shall
be posted at least six days prior to election day.
SECTION 6. Section 251.34(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The election shall be held at a voting place in each
regular county election precinct as established by the
commissioners court inside the affected territory if the election
is for the entire county or for a justice precinct or improvement
district.
SECTION 7. Section 251.40(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Subject to the limitations set forth in Subsections (b)
and (c) [of this section], the county shall pay the expense of
holding a local option election authorized by this code in the
county, justice precinct, improvement district, or incorporated
city or town in that county, provided, however, that if an election
is to be held only within the corporate limits of a city or town
located wholly within the county and not elsewhere, the county may
require the incorporated city or town to reimburse the county for
all or part of the expenses of holding the local option election.
SECTION 8. Section 251.41(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The deposit must be in the form of a cashier's check in
the total amount of 25 cents per voter listed on the current list of
registered voters residing in the county, justice precinct,
improvement district, or incorporated city or town where the
election is to be held.
SECTION 9. Section 251.73, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.73. PREVAILING STATUS: RESOLUTION OF CONFLICTS.
To insure that each voter has the maximum possible control over the
status of the sale of alcoholic beverages in the area where he
resides:
(1) the status that resulted from or is the result of a
duly called election for an incorporated city or town prevails
against the status that resulted from or is the result of a duly
called election in a justice precinct or county in which the
incorporated city or town, or any part of it is contained; [and]
(2) the status that resulted or is the result of a duly
called election for a justice precinct prevails against the status
that resulted from or is the result of a duly called election in an
incorporated city or town in which the justice precinct is wholly
contained or in a county in which the justice precinct is located;
and
(3) the status that results from a duly called
election in an improvement district prevails against the status
that resulted from or is the result of a duly called election in any
other political subdivision.
SECTION 10. This Act takes effect on the date on which the
constitutional amendment proposed by the 78th Legislature, Regular
Session, 2003, to allow a local option election to legalize or
prohibit the sale of mixed beverages in certain special districts
takes effect. If that amendment is not approved by the voters, this
Act has no effect.