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By:  Averitt                                                      S.B. No. 338
	(In the Senate - Filed January 31, 2003; February 11, 2003, 
read first time and referred to Committee on Business and Commerce; 
March 3, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 9, Nays 0; March 3, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 338                                    By:  Averitt


A BILL TO BE ENTITLED

AN ACT


relating to a local option election for the sale of certain 
alcoholic beverages in certain cities or towns located in more than 
one county.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 251.18, Alcoholic 
Beverage Code, is amended to read as follows:
	(a)  This section applies only to an election to permit or 
prohibit the legal sale of:
		(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; or
		(3)  beer and wine in an incorporated city or town that:               
			(A)  is located in two counties:                                      
				(i)  that each have a population of at least 
125,000 but not more than 1.5 million; and
				(ii)  one of which contains a city or town 
with a population of 525,000 or more; and
			(B)  has a population of less than 25,000.                            
	SECTION 2.  This Act takes effect September 1, 2003.                           



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