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79R15771 AJA-F
By: Whitmire S.B. No. 1626
Substitute the following for S.B. No. 1626:
By: Goolsby C.S.S.B. No. 1626
A BILL TO BE ENTITLED
AN ACT
relating to local option elections to legalize or prohibit the sale
of alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 251.11, 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 who voted in the most recent gubernatorial election 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. Section 251.14, Alcoholic Beverage Code, is
amended by adding Subsection (h) to read as follows:
(h) Subject to Section 251.81, a wine only package store
permit may be issued for premises in an area in which the sale of
wine has been legalized by a local option election under Subsection
(b)(3) or (4).
SECTION 3. Subsection (a), Section 251.11, Alcoholic
Beverage Code, as amended 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 4. 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.