By:  Shapiro                                                      S.B. No. 359
	(In the Senate - Filed February 5, 2003; February 11, 2003, 
read first time and referred to Committee on Business and Commerce; 
March 3, 2003, reported favorably by the following vote:  Yeas 9, 
Nays 0; March 3, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to a local option election for the sale of beer and wine 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 in all or a portion of the city 
or town on September 1, 2003 [2001], and is located in:
			(A)  two counties:                                                           
				(i)  that each have a population of at least 
400,000 [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.
	SECTION 2.  This Act takes effect September 1, 2003.                           



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