BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1626

79R5811 AJA-F                                                                                                            By: Whitmire

                                                                                                                        Business & Commerce

                                                                                                                                            4/12/2005

                                                                                                                                              As Filed

 

 

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.

 

As proposed, S.B. 1626 removes language that sets forth certain requirements of signatures on a petition calling for a local option election to legalize or prohibit the sale of alcoholic beverages. 

 

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 Section 251.11(a), Alcoholic Beverage Code, by deleting text relating to certain standard petition signature requirements for ordering a local option election to legalize or prohibit the sale of alcoholic beverages. 

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  upon passage or September 1, 2005.