By:  Brimer                                                       S.B. No. 1246
	(In the Senate - Filed March 9, 2005; March 21, 2005, read 
first time and referred to Committee on Business and Commerce; 
April 20, 2005, reported favorably by the following vote:  Yeas 7, 
Nays 0; April 20, 2005, sent to printer.)


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 less than 3.4 million; and
		(2)  a county adjacent to a county with a population of 
more than 1.4 million and less than 3.4 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.                           



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