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79R5811 AJA-F

By:  Kuempel                                                      H.B. No. 2994



A BILL TO BE ENTITLED

AN ACT

relating to petition requirements for ordering a local option 
election to legalize or prohibit the sale of alcoholic beverages.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 251.11(a), Alcoholic Beverage Code, is 
amended to read as follows:
	(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 registrar of voters 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 [:
		[(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 
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 
subdivision who voted in the most recent gubernatorial election for 
an election on any other ballot issue].
	SECTION 2.  The change in law made by this Act applies only 
to a local option election for which an application for a petition 
is filed on or after the effective date of this Act.  A local option 
election for which an application for a petition is filed before the 
effective date of this Act is governed by the law in effect 
immediately before that date, and that law is continued in effect 
for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.