BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1287

79R7675 MCK-D                                                                                                               By: Lucio

Business & Commerce

4/22/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Currently, there are eight states that prohibit the sale and service of alcoholic beverages on Election Day while polls are open.  There are nineteen states that provide a local option provision allowing a local government to impose restrictions on the sale of alcohol on election days.

S.B. 1287 intends to increase public awareness of general elections by prohibiting the sale of alcoholic beverages during the hours the polls are open for general elections of state and county officers.  By increasing the awareness of elections, the proposed legislation will help increase turnout at the polls.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 105, Alcoholic Beverage Code, by adding Section 105.08, as follows:

Sec. 105.08.  HOURS OF SALE:  ELECTION DAY.  Prohibits a person licensed or permitted to sell alcoholic beverages at retail for on-premises or off-premises consumption, notwithstanding any other law, from selling or offering for sale any alcoholic beverage during the hours the polls are open on the day of the general election for state and county officers.

SECTION 2.  Effective date:  September 1, 2005.