By: Brimer S.B. No. 1246
A BILL TO BE ENTITLED
AN ACT
relating to local option elections in certain populous areas on the
sale of mixed beverages by food and beverage establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 251, Alcoholic Beverage Code, is amended
by adding Section 251.011 to read as follows:
Sec. 251.011. ELECTION IN CERTAIN POPULOUS AREAS.
(a) This section applies only to:
(1) a county with a population of more than 1.4
million; and
(2) a county adjacent to a county with a population of
more than 1.4 million.
(b) If the sale of mixed beverages in restaurants is not
legal in all or part of a political subdivision described by
Subsection (a), an election shall be held on the issue of "The legal
sale of mixed beverages in restaurants by food and beverage
certificate holders only" during the first uniform election held by
the political subdivision after the date on which the political
subdivision becomes subject to this section.
SECTION 2. Chapter 28, Alcoholic Beverage Code, is amended
by adding Section 28.19 to read as follows:
Sec. 28.19. ISSUANCE OF MIXED BEVERAGE PERMIT TO PRIVATE
CLUB AFTER CERTAIN LOCAL OPTION ELECTIONS. (a) Before the second
anniversary of a local option election authorizing the sale of
mixed beverages in restaurants in a political subdivision, the
holder of a private club registration permit with a food and
beverage certificate located in the political subdivision may be
issued a mixed beverage permit with a food and beverage certificate
at the time the private club permit is eligible for renewal if the
application for the permit is approved by a vote of the private
club's members.
(b) For a permit granted under this section, the state fee
under Section 28.02 shall be computed and the local fee under
Section 11.38 may be assessed as if the permit holder's original
private club permit and any renewal of the private club permit were
mixed beverage permits.
(c) The permit holder is not required to maintain an amount
of security under Section 183.053, Tax Code, that exceeds the
amount the permit holder would be required to maintain had the
permit holder continued to hold a private club permit.
SECTION 3. This Act takes effect September 1, 2005.