BILL ANALYSIS
Senate Research Center S.B. 1626
By: Whitmire
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
Current law provides three different standards regarding the number of signatures required on a petition calling for a local option election to legalize or prohibit the sale of alcoholic beverages. The highest standard, 35 percent of registered voters in a county, city, or justice of the peace precinct, has proven overly burdensome to a number of communities wishing to hold elections to allow the sale of alcohol at package stores, especially when compared to the much lower standard for wineries and beer and wine outlets. The highest standard has proved to be nearly insurmountable in many communities that might wish to hold local option elections to allow the sale of distilled spirits for off-premise or on-premise consumption.
S.B. 1626 amends language setting forth specific requirements of signatures on a petition calling for a local option election to legalize or prohibit the sale of alcoholic beverages.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 251.11(a), Alcoholic Beverage Code, to specify that 35 percent of the registered voters in the subdivision who voted in the most recent gubernatorial election are required to sign a petition for a ballot issue that permits voting for or against authorizing or prohibiting the sale of alcoholic beverages.
SECTION 2. Amends Section 251.14, Alcoholic Beverage Code, by adding Subsection (h), as follows:
(h) Authorizes a wine only package store permit, subject to Section 251.81 (Sale of Wine), to be issued for premises in an area in which the sale of wine has been legalized by a local option election under Subsection (b)(3) or (4).
SECTION 3. Makes application of Section 251.11(a), Alcoholic Beverage Code, as amended by this Act, prospective.
SECTION 4. Effective date: upon passage or September 1, 2005.