By: Shapiro S.B. No. 1735

(In the Senate - Filed March 9, 2007; March 21, 2007, read first time and referred to Committee on Business and Commerce; April 11, 2007, reported favorably by the following vote: Yeas 8, Nays 0; April 11, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the effect of a charter provision relating to the sale of alcoholic beverages for off-premise consumption on a subsequent local option election for the sale of alcoholic beverages in certain home-rule municipalities.

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

SECTION 1. Subchapter D, Chapter 215, Local Government Code, is amended by adding Section 215.076 to read as follows:

Sec. 215.076. CHARTER PROVISIONS AND LOCAL OPTION ELECTIONS IN CERTAIN MUNICIPALITIES. (a) This section applies only to a home-rule municipality:

(1) in which the sale of alcoholic beverages for off-premise consumption has been approved at an election called and held for that purpose; and

(2) that, before June 11, 1987, 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.

(b) 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). A charter restriction described by Subsection (a) is in all respects validated.

SECTION 2. 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, 2007.

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