By:  Harris                                                       S.B. No. 1502


A BILL TO BE ENTITLED

AN ACT

relating to certain local option elections for certain cities 
located in more than one county.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 251, Alcoholic Beverage 
Code is amended by adding Section 251.20 to read as follows:
	Sec. 251.20.  ELECTION IN CERTAIN CITIES AND TOWNS; BEER AND 
WINE.  (a)  This section applies only to an election to permit or 
prohibit the legal sale of beer and wine in an incorporated city or 
town that has a population of less than 150,000; and
		(1)  is located in three counties:                                     
			(A)  one of which has a population of more than 2 
million but less than 2.5 million; and
			(B)  one of which has a population of more then 1 
million but less than 1.5 million; and
			(C)  one of which has a population of less then 
150,000. (a)        
	(b)  Irrespective of the provisions of Section 251 of the 
Alcoholic Beverage Code, the petition shall comply with the 
provisions of Chapter 277 of the Election Code.  The governing body 
of city or town, at its next regular session 30 days after the 
petition is filed with the secretary of the city or town shall order 
a local option election to be held on the issue set out in the 
petition if the petition is filed with the secretary of the city or 
town not later than 60 days after it is issued and bears the actual 
signatures of a number of qualified voters in the city or town equal 
to 25 percent of the registered voters in the city or town who voted 
in the most recent gubernatorial election.
	(c)  The ballot in an election under this section shall be 
prepared to permit voting for or against "The legal sale of beer and 
wine for off-premise consumption only."
	(d)  An election under this section shall be conducted by the 
city or town instead of the county.  For purposes of an election 
conducted under this section, a reference in this code:
		(1)  to the county is considered to refer to the city or 
town;       
		(2)  to the commissioners court is considered to refer 
to the governing body of the city or town; and
		(3)  to the county clerk or registrar of voters is 
considered to refer to the secretary of the city or town; and
		(4)  to the county judge is considered to refer to the 
mayor of the city or town.
	(d)  The city or town shall pay the expense of the election.            
	(e)  an action to contest the election under Section 251.55 
may be brought in the district court of any county in which the city 
or town is located.
	SECTION 2.  This act takes effect September 1, 2003.