BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1735

                                                                                                                                         By: Shapiro

                                                                                                                        Business & Commerce

                                                                                                                                            3/30/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently a local option election for the sale of alcoholic beverages can be called and held in either a county, a justice precinct, or a municipality. In 1976, the Town of Addison held a local option election at which the voters approved the sale of alcohol for off-premise and on-premise consumption. In 1982, the town conducted a charter amendment election, at which the voters approved an amendment to the charter which limits the sale of alcoholic beverages for off-premise consumption to a particular area of Addison. Therefore, the status of the sale of alcoholic beverages in Addison since 1982 has been that, with proper approval, alcohol for on-premise consumption can be sold in a restaurant where a restaurant is an allowed use, but alcohol for off-premise consumption can be sold only in the area designated in the town charter.

 

As proposed, S.B. 1735 clarifies that Addison's home-rule charter continues to control within the limits of the municipality, if a local option election is held in a justice precinct in which Addison is located.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter D, Chapter 215, Local Government Code, by adding Section 212.5076, as follows:

 

Sec. 212.5076.  CHARTER PROVISIONS AND LOCAL OPTION ELECTIONS IN CERTAIN MUNICIPALITIES.  (a)  Provides that this section applies only to a home-rule municipality in which the sale of alcoholic beverages for off-premise consumption has been approved at an election called and held for that purpose, and that adopted or enacted a home-rule charter or home-rule charter amendment that restricts the sale of alcoholic beverages for off-premise consumption to a portion of the municipality before June 11, 1987.

 

(b)  Provides that a local option election for or against the sale of alcoholic beverages for off-premise consumption which is held or conducted either before or after the effective date of this section in a county or in a justice precinct in which a home-rule municipality or any part of a home-rule municipality is contained does not alter, modify, or supersede a home-rule charter restriction of the municipality as described by Subsection (a).  Provides that a charter restriction described by Subsection (a) is in all respects validated.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.