79R65 DRH-D
By: Denny H.B. No. 1799
A BILL TO BE ENTITLED
AN ACT
relating to a transfer and nonsubstantive revision of laws
governing the holding of local option elections regarding alcoholic
beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The Election Code is amended by adding Title 17
to read as follows:
TITLE 17. LOCAL OPTION ELECTIONS
CHAPTER 501. LOCAL OPTION ELECTIONS ON SALE OF
ALCOHOLIC BEVERAGES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 501.001. DEFINITIONS. In this chapter:
(1) "Alcoholic beverage," "beer," "commission,"
"liquor," "mixed beverage," and "wine and vinous liquor" have the
meanings assigned by Section 1.04, Alcoholic Beverage Code.
(2) "Municipality" has the meaning assigned by Section
1.005, Local Government Code.
(3) "Premises" has the meaning assigned by Section
11.49, Alcoholic Beverage Code.
Sec. 501.002. REFERENCES IN OTHER LAW. A reference in law
to an election or a local option election held under Chapter 251,
Alcoholic Beverage Code, means an election held under this chapter.
Sec. 501.003. ENFORCEMENT. The enforcement provisions of
the Alcoholic Beverage Code that relate generally to a violation of
a provision of that code, including Chapter 101, Alcoholic Beverage
Code, apply to a violation of a provision of this chapter.
[Sections 501.004-501.020 reserved for expansion]
SUBCHAPTER B. MANNER OF CALLING ELECTION
Sec. 501.021. ELECTION TO BE HELD. On proper petition by
the required number of voters of a county, justice precinct, or
municipality in the county, the commissioners court shall order a
local option election in the political subdivision to determine
whether the sale of alcoholic beverages of one or more of the
various types and alcoholic contents shall be prohibited or
legalized in the political subdivision.
Sec. 501.022. QUALIFICATIONS FOR NEW POLITICAL SUBDIVISION
TO HOLD ELECTION. (a) A political subdivision must have been in
existence for at least 18 months before a local option election to
legalize or prohibit the sale of liquor in the political
subdivision may be held.
(b) The political subdivision must include substantially
all the area encompassed by the political subdivision at the time of
its creation and may include any other area subsequently annexed by
or added to the political subdivision.
(c) This section does not apply to a municipality
incorporated before December 1, 1971.
Sec. 501.023. APPLICATION FOR PETITION. (a) If 10 or more
qualified voters of any county, justice precinct, or municipality
file a written application and provide proof of publication in a
newspaper of general circulation in that political subdivision, the
county clerk of the county shall issue to the applicants a petition
to be circulated among the qualified voters of the political
subdivision for the signatures of those qualified voters who desire
that a local option election be called for the purpose of
determining whether the sale of alcoholic beverages of one or more
of the various types and alcoholic contents shall be prohibited or
legalized in the political subdivision.
(b) Not later than the fifth day after the date the petition
is issued, the county clerk shall notify the commission and the
secretary of state that the petition has been issued.
Sec. 501.024. HEADING, STATEMENT, AND ISSUE ON APPLICATION
FOR PETITION TO PROHIBIT. (a) An application for a petition
seeking an election to prohibit the sale of alcoholic beverages of
one or more of the various types and alcoholic contents must be
headed: "Application for Local Option Election Petition to
Prohibit."
(b) The application must contain a statement just ahead of
the signatures of the applicants, as follows: "It is the hope,
purpose and intent of the applicants whose signatures appear hereon
to see prohibited the sale of alcoholic beverages referred to in the
issue set out above."
(c) The issue to be voted on must be:
(1) clearly stated in the application; and
(2) one of the issues listed in Section 501.035.
Sec. 501.025. HEADING, STATEMENT, AND ISSUE ON APPLICATION
FOR PETITION TO LEGALIZE. (a) An application for a petition
seeking an election to legalize the sale of alcoholic beverages of
one or more of the various types and alcoholic contents must be
headed: "Application for Local Option Election Petition to
Legalize."
(b) The application must contain a statement just ahead of
the signatures of the applicants, as follows: "It is the hope,
purpose and intent of the applicants whose signatures appear hereon
to see legalized the sale of alcoholic beverages referred to in the
issue set out above."
(c) The issue to be voted on must be:
(1) clearly stated in the application; and
(2) one of the issues listed in Section 501.035.
Sec. 501.026. PETITION REQUIREMENTS. A petition must show
the date the petition is issued by the county clerk and be serially
numbered. Each page of a petition must bear the same date and
serial number and the actual seal of the county clerk rather than a
facsimile of that seal.
Sec. 501.027. HEADING AND STATEMENT ON PETITION TO
PROHIBIT. (a) Each page of the petition for a local option
election seeking to prohibit the sale of alcoholic beverages of one
or more of the various types and alcoholic contents must be headed
"Petition for Local Option Election to Prohibit."
(b) The petition must contain a statement just ahead of the
signatures of the petitioners, as follows: "It is the hope, purpose
and intent of the petitioners whose signatures appear hereon to see
prohibited the sale of alcoholic beverages referred to in the issue
set out above."
(c) The issue to be voted on must be:
(1) clearly stated in the petition; and
(2) one of the issues listed in Section 501.035.
Sec. 501.028. HEADING AND STATEMENT ON PETITION TO
LEGALIZE. (a) Each page of the petition for a local option
election seeking to legalize the sale of alcoholic beverages of one
or more of the various types and alcoholic contents must be headed
"Petition for Local Option Election to Legalize."
(b) The petition must contain a statement just ahead of the
signatures of the petitioners, as follows: "It is the hope, purpose
and intent of the petitioners whose signatures appear hereon to see
legalized the sale of alcoholic beverages referred to in the issue
set out above."
(c) The issue to be voted on must be:
(1) clearly stated in the petition; and
(2) one of the issues listed in Section 501.035.
Sec. 501.029. OFFENSE: MISREPRESENTATION OF PETITION. (a)
A person commits an offense if the person misrepresents the purpose
or effect of a petition issued under this chapter.
(b) An offense under this section is a Class B misdemeanor.
Sec. 501.030. COPIES OF PETITION. (a) The county clerk
shall supply as many copies of the petition as may be required by
the applicants but not to exceed more than one page of the petition
for every 10 registered voters in the county, justice precinct, or
municipality. Each copy must bear the date, number, and seal on
each page as required on the original petition.
(b) The county clerk shall keep a copy of each petition and a
record of the applicants for the petition.
Sec. 501.031. VERIFICATION OF PETITION. (a) The voter
registrar of the county shall check the names of the signers of
petitions and the voting precincts in which the signers reside to
determine whether the signers were qualified voters of the county,
justice precinct, or municipality at the time the petition was
issued. The political subdivision may use a statistical sampling
method to verify the signatures, except that on written request
from a citizen of the political subdivision for which an election is
sought, the political subdivision shall verify each signature on
the petition. The citizen making the request shall pay the
reasonable cost of the verification. The registrar shall certify
to the commissioners court the number of qualified voters signing
the petition.
(b) A petition signature may not be counted unless the
signature is the actual signature of the purported signer and the
petition:
(1) contains in addition to the signature:
(A) the signer's printed name;
(B) the signer's date of birth;
(C) if the territory from which signatures must
be obtained is situated in more than one county, the county of
registration;
(D) the signer's residence address; and
(E) the date of signing; and
(2) complies with any other applicable requirements
prescribed by law.
(c) The use of ditto marks or abbreviations does not
invalidate a signature if the required information is reasonably
ascertainable.
(d) The omission of the state from the signer's residence
address does not invalidate a signature unless the political
subdivision from which the signature is obtained is situated in
more than one state. The omission of the zip code from the address
does not invalidate a signature.
(e) The signature is the only entry on the petition that is
required to be in the signer's handwriting.
(f) A signer may withdraw the signer's signature by deleting
the signature from the petition or by filing with the voter
registrar an affidavit requesting that the signature be withdrawn
from the petition. A signer may not withdraw the signature from a
petition on or after the date the petition is received by the
registrar. A withdrawal affidavit filed by mail is considered to be
filed at the time of its receipt by the registrar. The withdrawal
of a signature nullifies the signature on the petition and places
the signer in the same position as if the signer had not signed the
petition.
Sec. 501.032. REQUIREMENTS TO ORDER ELECTION. (a) The
commissioners court, at its next regular session on or after the
30th day after the date the petition is filed, shall order a local
option election to be held on the issue set out in the petition if
the petition is filed with the voter registrar not later than the
60th day after the date the petition is issued and bears the actual
signatures of a number of qualified voters of the political
subdivision equal to at least:
(1) 35 percent of the registered voters in the
subdivision for a ballot issue that permits voting for or against:
(A) "The legal sale of all alcoholic beverages
for off-premise consumption only.";
(B) "The legal sale of all alcoholic beverages
except mixed beverages.";
(C) "The legal sale of all alcoholic beverages
including mixed beverages."; or
(D) "The legal sale of mixed beverages.";
(2) 25 percent of the registered voters in the
political subdivision who voted in the most recent general election
for a ballot issue that permits voting for or against "The legal
sale of wine on the premises of a holder of a winery permit."; or
(3) 35 percent of the registered voters in the
political subdivision who voted in the most recent gubernatorial
election for an election on any other ballot issue.
(b) Voters whose names appear on the list of registered
voters with the notation "S," or a similar notation, shall be
excluded from the computation of the number of registered voters of
a particular territory.
Sec. 501.033. RECORD IN MINUTES. The date a petition is
presented, the names of the signers, and the action taken with
respect to the petition shall be entered in the minutes of the
commissioners court.
Sec. 501.034. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a)
The election order must state in its heading and text whether the
local option election to be held is for the purpose of prohibiting
or legalizing the sale of the alcoholic beverages set out in the
issue recited in the application and petition.
(b) The order must state the issue to be voted on in the
election.
Sec. 501.035. ISSUES. (a) In the ballot issues prescribed
by this section, "wine" is limited to vinous beverages that do not
contain more than 17 percent alcohol by volume and includes malt
beverages that do not exceed that alcohol content. For local option
purposes, those beverages, sold and dispensed to the public in
unbroken, sealed, individual containers, are a separate and
distinct type of alcoholic beverage.
(b) In an area where any type or classification of alcoholic
beverages is prohibited and the issue submitted pertains to
legalization of the sale of one or more of the prohibited types or
classifications, the ballot shall be prepared to permit voting for
or against the one of the following issues that applies:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) "The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
(10) "The legal sale of wine on the premises of a
holder of a winery permit."
(c) In an area where the sale of all alcoholic beverages
including mixed beverages has been legalized, the ballot for a
prohibitory election shall be prepared to permit voting for or
against the one of the following issues that applies:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) "The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
(10) "The legal sale of wine on the premises of a
holder of a winery permit."
(d) In an area where the sale of all alcoholic beverages
except mixed beverages has been legalized, the ballot for a
prohibitory election shall be prepared to permit voting for or
against the one of the following issues that applies:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of wine on the premises of a holder
of a winery permit."
(e) In an area where the sale of beverages containing
alcohol not in excess of 17 percent by volume has been legalized,
and those of higher alcoholic content are prohibited, the ballot
for a prohibitory election shall be prepared to permit voting for or
against the one of the following issues that applies:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of wine on the premises of a holder
of a winery permit."
(f) In an area where the sale of beer containing alcohol not
exceeding four percent by weight has been legalized, and all other
alcoholic beverages are prohibited, the ballot for a prohibitory
election shall be prepared to permit voting for or against the one
of the following issues that applies:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(g) In an area where the sale of a particular type of
alcoholic beverage has been legalized only for off-premise
consumption, no alcoholic beverage may be consumed on any licensed
premises and no type of alcoholic beverage other than the type
legalized may be sold.
Sec. 501.036. ISSUE ON MIXED BEVERAGES. (a) A local option
election does not affect the sale of mixed beverages unless the
proposition specifically mentions mixed beverages.
(b) In any local option election in which any shade or
aspect of the issue submitted involves the sale of mixed beverages,
any other type or classification of alcoholic beverage that was
legalized before the election remains legal without regard to the
outcome of that election on the question of mixed beverages. If the
sale of mixed beverages by food and beverage certificate holders
was legalized before a local option election on the general sale of
mixed beverages, the sale of mixed beverages in an establishment
that holds a food and beverage certificate remains legal without
regard to the outcome of the election on the general sale of mixed
beverages.
Sec. 501.037. EVIDENCE OF VALIDITY. The commissioners
court election order is prima facie evidence of compliance with all
provisions necessary to give the order validity or to give the
commissioners court jurisdiction to make the order valid.
Sec. 501.038. FREQUENCY OF ELECTIONS. A local option
election on a particular issue may not be held in a political
subdivision until after the first anniversary of the most recent
local option election in that political subdivision on that issue.
[Sections 501.039-501.100 reserved for expansion]
SUBCHAPTER C. HOLDING OF ELECTION
Sec. 501.101. APPLICABILITY OF ELECTION CODE. Except as
provided by this chapter, the officers holding a local option
election shall hold the election in the manner provided by the other
provisions of this code.
Sec. 501.102. ELECTION PRECINCTS. (a) County election
precincts shall be used for a local option election to be held in an
entire county or in a justice precinct.
(b) Election precincts established by the governing body of
the municipality for its municipal elections shall be used for a
local option election to be held in a municipality. If the
governing body has not established precincts for its municipal
elections, the commissioners court shall prescribe the election
precincts for the local option election under the law governing
establishment of precincts for municipal elections.
Sec. 501.103. POLLING PLACES; NOTICE. (a) The election
shall be held at the customary polling place in each election
precinct. If the customary polling place is not available, the
commissioners court shall designate another polling place.
(b) The notice for the election shall state the polling
place for each election precinct and the precinct numbers of county
precincts included in each municipal election precinct if the
election is for a municipality.
Sec. 501.104. NUMBER OF BALLOTS FURNISHED. If the election
is conducted using printed ballots, the county clerk shall furnish
the presiding judge of each election precinct with at least the
number of ballots equal to the number of registered voters in the
precinct plus 10 percent of that number of voters.
Sec. 501.105. ISSUE ON BALLOT. (a) The issue ordered to
appear on the ballot for an election ordered by the commissioners
court must be the same as the issue applied for and set out in the
petition.
(b) The issue appropriate to the election shall be printed
on the ballot in the exact language stated in Section 501.035.
Sec. 501.106. TIME FOR VOTE TALLY. The votes for a local
option election shall be counted and the report of the election
submitted to the commissioners court within 24 hours after the time
the polls close.
Sec. 501.107. COUNTY PAYMENT OF ELECTION EXPENSES. The
county shall pay the expense of holding a local option election
authorized by this chapter in the county, justice precinct, or
municipality in that county except that:
(1) if an election is to be held only within the
corporate limits of a municipality located wholly within the
county, the county may require the municipality to reimburse the
county for all or part of the expenses of holding the local option
election;
(2) county payment of the expense of an election to
legalize the sale of alcoholic beverages is limited to the holding
of one election in a political subdivision during a one-year
period; and
(3) county payment of the expense of an election to
prohibit the sale of alcoholic beverages is limited to the holding
of one election in a political subdivision during a one-year
period.
Sec. 501.108. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS. (a)
If a county is not required to pay the expense of a local option
election under Section 501.107, the county clerk shall require the
applicants for a petition for a local option election to make a
deposit before the issuance of the petition.
(b) The deposit must be in the form of a cashier's check in
an amount equal to 25 cents per voter listed on the current list of
registered voters residing in the county, justice precinct, or
municipality where the election is to be held.
(c) The money received shall be deposited in the county's
general fund. A refund may not be made to the applicants regardless
of whether the petition is returned to the county clerk or the
election is ordered.
(d) The county clerk may not issue a petition to the
applicants unless a deposit required by this chapter is made.
(e) A person who violates Subsection (d) commits an offense.
An offense under this subsection is a misdemeanor punishable by:
(1) a fine of not less than $200 nor more than $500;
(2) confinement in the county jail for not more than 30
days; or
(3) both the fine and confinement.
Sec. 501.109. ELECTION IN CERTAIN MUNICIPALITIES. (a)
This section applies only to an election to permit or prohibit the
legal sale of alcoholic beverages of one or more of the various
types and alcoholic contents in a municipality that is located in
more than one county.
(b) An election to which this section applies shall be
conducted by the municipality instead of the counties. For the
purposes of an election conducted under this section, a reference
in this chapter to:
(1) the county is considered to refer to the
municipality;
(2) the commissioners court is considered to refer to
the governing body of the municipality;
(3) the county clerk or voter registrar is considered
to refer to the secretary of the municipality or, if the
municipality does not have a secretary, to the person performing
the functions of a secretary of the municipality; and
(4) the county judge is considered to refer to the
mayor of the municipality or, if the municipality does not have a
mayor, to the presiding officer of the governing body of the
municipality.
(c) The municipality shall pay the expense of the election.
(d) An action to contest the election under Section 501.155
may be brought in the district court of any county in which the
municipality is located.
[Sections 501.110-501.150 reserved for expansion]
SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION
Sec. 501.151. DECLARATION OF RESULT. (a) On completing the
canvass of the election returns, the commissioners court shall make
an order declaring the result and cause the clerk of the
commissioners court to record the order as provided by law.
(b) In a prohibitory election, if a majority of the votes
cast do not favor the issue "The legal sale . . .," the court's
order must state that the sale of the type or types of beverages
stated in the issue at the election is prohibited effective on the
30th day after the date the order is entered. The prohibition
remains in effect until changed by a subsequent local option
election held under this chapter.
(c) In a legalization election, if a majority of the votes
cast favor the issue "The legal sale . . .," the legal sale of the
type or types of beverages stated in the issue at the election is
legal on the entering of the court's order. The legalization
remains in effect until changed by a subsequent local option
election held under this code.
(d) The local option status of a political subdivision does
not change as a result of the election if:
(1) in an election described by Subsection (b), less
than a majority of the votes cast do not favor the issue; and
(2) in an election described by Subsection (c), less
than a majority of the votes cast favor the issue.
Sec. 501.152. ORDER PRIMA FACIE EVIDENCE. The order of the
commissioners court declaring the result of the election is prima
facie evidence that all provisions of law have been complied with in
giving notice of and holding the election, counting and returning
the votes, and declaring the result of the election.
Sec. 501.153. CERTIFICATION OF RESULT. Not later than the
third day after the date the result of a local option election has
been declared, the county clerk shall certify the result to the
secretary of state and the commission. The clerk may not charge a
fee for this service.
Sec. 501.154. POSTING ORDER PROHIBITING SALE. (a) A
commissioners court order declaring the result of a local option
election and prohibiting the sale of any or all types of alcoholic
beverages must be published by posting the order at three public
places in the county or other political subdivision in which the
election was held.
(b) The posting of the order shall be recorded in the
minutes of the commissioners court by the county judge. The entry
in the minutes or a copy certified under the hand and seal of the
county clerk is prima facie evidence of the posting.
Sec. 501.155. ELECTION CONTEST. (a) The enforcement of
local option laws in the political subdivision in which an election
is being contested is not suspended during an election contest.
(b) The result of an election contest finally settles all
questions relating to the validity of that election. A person may
not call the legality of that election into question again in any
other suit or proceeding.
(c) If an election contest is not timely instituted, it is
conclusively presumed that the election is valid and binding in all
respects on all courts.
SECTION 2. The heading to Chapter 251, Alcoholic Beverage
Code, is amended to read as follows:
CHAPTER 251. LOCAL OPTION STATUS [ELECTIONS]
SECTION 3. Section 251.71, Alcoholic Beverage Code, is
amended by adding Subsection (e) to read as follows:
(e) For purposes of this code:
(1) a reference to a local option election means an
election held under Chapter 501, Election Code; and
(2) a local option election held under Chapter 501,
Election Code, is considered to have been held under this code.
SECTION 4. Section 251.72, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.72. CHANGE OF STATUS. Except as provided in
Section 251.73 of this code, an authorized voting unit that has
exercised or may exercise the right of local option retains the
status adopted, whether absolute prohibition or legalization of the
sale of alcoholic beverages of one or more of the various types and
alcoholic contents on which an issue may be submitted under the
terms of Section 501.035, Election Code [251.14 of this code],
until that status is changed by a subsequent local option election
in the same authorized voting unit.
SECTION 5. Section 251.80(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) The provisions of Section 501.107, Election Code
[251.40 of this code] relating to the payment of local option
election expenses shall apply to elections held in a territory that
is defined in accordance with Subsection (a) of this section.
SECTION 6. Subchapter D, Chapter 251, Alcoholic Beverage
Code, is amended by adding Section 251.82 to read as follows:
Sec. 251.82. ELECTION IN CERTAIN CITIES AND TOWNS. For the
purposes of an election conducted under Section 501.109, Election
Code, 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;
(3) to the county clerk or registrar of voters is
considered to refer to the secretary of the city or town or, if the
city or town does not have a secretary, to the person performing the
functions of a secretary of the city or town; and
(4) to the county judge is considered to refer to the
mayor of the city or town or, if the city or town does not have a
mayor, to the presiding officer of the governing body of the city or
town.
SECTION 7. Subchapters A, B, and C, Chapter 251, Alcoholic
Beverage Code, are repealed.
SECTION 8. This Act takes effect September 1, 2005.