BILL ANALYSIS

C.S.H.B. 1175

By: King, Susan

Licensing & Administrative Procedures

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Current law regarding local option elections for the sale of alcoholic beverages primarily focuses on the initial election to determine whether a municipality desires to authorize the sale of alcoholic beverages.  The subsequent annexation of new land into these municipalities often leaves small areas that are not afforded the same rights and options relating to the sale of alcoholic beverages that are available to the majority of citizens within municipal limits.  The current law creates administrative burdens and an inequitable situation for citizens of an annexed municipality who wish to hold a subsequent local option election on the sale of alcohol.

C.S.H.B. 1175 authorizes certain municipalities to hold a local option election to legalize the sale of one or more types or classifications of alcoholic beverage in newly annexed areas.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1175 adds provisions to the Election Code, set to expire September 1, 2015, to authorize the governing body of a municipality with a population of at least 112,000 located in a county with a population of not more than 135,000 in which, as a result of a local option election, the sale of one or more types or classifications of alcoholic beverage is legal in the municipality and that, after the election is held, annexes territory in which the sale of one or more of those types of alcoholic beverages is illegal, to hold a local option election in the municipality regarding the legalization of such beverages after the governing body of the  municipality holds a hearing on the matter.  The bill requires the resolution ordering the election to state in its heading and text that the local option election to be held is for the purpose of legalizing the sale of the alcoholic beverages and to set out the ballot issue to be voted on in the election.  The bill provides that passage of the ballot issue would legalize the sale of the same types and classifications of alcoholic beverages legalized by the results of the local option election in the annexing municipality. 

C.S.H.B. 1175 requires an election ordered by the governing body of the municipality to be conducted by the municipality instead of the county.  The bill sets forth, for the purposes of an election under this provision that a reference to the county is considered to refer to the municipality; a reference to the commissioners court is considered to refer to the governing body of the municipality; a reference to the county clerk or registrar of voters is considered to refer to the secretary of the municipality or, if the municipality does not have a secretary, to the person performing the functions of a secretary of the municipality; and a reference to the county judge is considered to refer to the mayor of the municipality or, if the municipality does not have a mayor, to the presiding officer of the governing body of the municipality.  The bill requires the annexing municipality to pay the expense of the election.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 1175 differs from the original by authorizing the governing body of a municipality with a population of at least 112,000 located in a county with a population of not more than 135,000, rather than a municipality with a population of at least 114,000 and not more than 123,000, to hold a local option election regarding the legalization of certain alcoholic beverages.  The substitute authorizes the local option election to be held in the municipality rather than in the annexed territory as in the original.