79R9653 MCK-F

By:  Deshotel                                                     H.B. No. 2744



A BILL TO BE ENTITLED

AN ACT

relating to allowing the governing body of a city or town to order a 
local option election relating to the sale of alcoholic beverages.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The heading to Section 251.01, Alcoholic 
Beverage Code, is amended to read as follows:
	Sec. 251.01.  ELECTION TO BE HELD BY PETITION.                          
	SECTION 2.  Subchapter A, Chapter 251, Alcoholic Beverage 
Code, is amended by adding Section 251.011 to read as follows:
	Sec. 251.011.  ELECTION CALLED BY GOVERNING BODY OF CITY OR 
TOWN.  (a)  The governing body of a city or town may, by resolution, 
order a local option election to be held in the city or town on any 
alcoholic beverage issue under this chapter.
	(b)  The resolution ordering the election 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 and set out the ballot issue to be voted on in the 
election.
	(c)  An election ordered by the governing body of a city or 
town shall be conducted by the city or town instead of the county.  
For the 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;
		(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.
	(d)  The city or town shall pay the expense of the election.            
	SECTION 3.  This Act takes effect September 1, 2005.