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AN ACT
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relating to the effect of a charter provision relating to the sale |
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of alcoholic beverages for off-premise consumption on a subsequent |
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local option election for the sale of alcoholic beverages in |
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certain home-rule municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 215, Local Government |
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Code, is amended by adding Section 215.076 to read as follows: |
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Sec. 215.076. CHARTER PROVISIONS AND LOCAL OPTION ELECTIONS |
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IN CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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home-rule municipality with a population of less than 15,000: |
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(1) that is wholly located in a county that: |
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(A) has a population of two million or more; and |
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(B) is adjacent to a county with a population of |
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one million or more; |
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(2) in only part of which the sale of distilled spirits |
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for off-premise consumption is legal; and |
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(3) that on April 3, 1982, adopted or enacted a |
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home-rule charter or home-rule charter amendment that restricts the |
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sale of alcoholic beverages for off-premise consumption to a |
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portion of the municipality. |
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(b) A local option election for or against the sale of |
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alcoholic beverages for off-premise consumption that is held in a |
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county or in a justice precinct in which all or part of a home-rule |
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municipality described by Subsection (a) is located does not alter, |
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modify, or supersede a home-rule charter restriction of the |
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municipality described by Subsection (a) regardless of whether the |
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election was held before, on, or after the effective date of this |
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section or the charter restriction. A charter restriction |
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described by Subsection (a) is in all respects validated. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1735 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 21, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1735 passed the House, with |
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amendment, on May 17, 2007, by the following vote: Yeas 143, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |