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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing the governing bodies of certain municipalities |
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to order a local option election relating to the sale of alcoholic |
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beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 501.021, Election Code, |
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is amended to read as follows: |
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Sec. 501.021. ELECTION TO BE HELD BY PETITION. |
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SECTION 2. Subchapter B, Chapter 501, Election Code, is |
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amended by adding Section 501.0211 to read as follows: |
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Sec. 501.0211. ELECTION CALLED BY GOVERNING BODY OF |
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MUNICIPALITY. (a) This section applies only to a municipality: |
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(1) with a population of at least 17,900 and not more |
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than 18,000; |
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(2) in which the sale of one or more types or |
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classifications of alcoholic beverage is legal in the municipality |
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as a result of a local option election held in the municipality; and |
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(3) that, after the election is held, annexes |
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territory in which the sale of one or more of those types or |
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classifications of alcoholic beverage is not legal. |
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(b) After holding a public hearing, the governing body of a |
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municipality described by Subsection (a) may, by resolution, order |
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a local option election to be held in the annexed territory |
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described by Subsection (a)(3) on the ballot issue the passage of |
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which would legalize the sale of the same types and classifications |
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of alcoholic beverages the sale of which was legalized by the |
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results of the local option election described by Subsection (a). |
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(c) The resolution ordering the election must state in its |
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heading and text that the local option election to be held is for |
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the purpose of legalizing the sale of the alcoholic beverages and |
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set out the ballot issue to be voted on in the election. |
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(d) An election ordered by the governing body of a |
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municipality under this section shall be conducted by the |
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municipality instead of the county. For the purposes of an election |
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conducted under this section, a reference in this code: |
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(1) to the county is considered to refer to the |
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municipality; |
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(2) to the commissioners court is considered to refer |
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to the governing body of the municipality; |
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(3) to the county clerk or registrar of voters is |
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considered to refer to the secretary of the municipality or, if the |
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municipality does not have a secretary, to the person performing |
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the functions of a secretary of the municipality; and |
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(4) to the county judge is considered to refer to the |
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mayor of the municipality or, if the municipality does not have a |
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mayor, to the presiding officer of the governing body of the |
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municipality. |
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(e) The municipality shall pay the expense of the election. |
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(f) This section expires September 1, 2015. |
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SECTION 3. This Act takes effect September 1, 2009. |