80R4640 MCK-F

By: Dutton H.B. No. 3176

A BILL TO BE ENTITLED

AN ACT

relating to petition requirements for ordering a local option election to legalize or prohibit the sale of certain alcoholic beverages.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 501.032(a), Election Code, as added by Section 1, Chapter 975, Acts of the 79th Legislature, Regular Session, 2005, 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 voter registrar 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 at least:

(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 political 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 political subdivision who voted in the most recent gubernatorial election or 50 percent of the number of signatures required on a petition for statewide office under Section 142.007, whichever is less, for a ballot issue that permits voting for or against "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only."; or

(4) 35 percent of the registered voters in the political 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. (a) In accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Section 501.032(a)(1), Election Code, as set out in Section 1 of this Act, gives effect to changes made by Chapter 890, Acts of the 79th Legislature, Regular Session, 2005.

(b) To the extent of any conflict, this Act prevails over another Act of the 80th Legislature, Regular Session, 2007, relating to nonsubstantive additions and corrections in enacted codes.

SECTION 4. This Act takes effect September 1, 2007.