81R11148 AJA-F

By: Pierson H.B. No. 3331

A BILL TO BE ENTITLED

AN ACT

relating to local option alcoholic beverage elections in justice precincts.

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

SECTION 1. Section 251.80, Alcoholic Beverage Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A local option election held in a justice precinct shall be held in the territory comprising the justice precinct at the time the election is held. If a justice precinct has established [Whenever] a local option status as a result of a previous local option election [is once legally put into effect as the result of the vote] in the [a] justice precinct, such status shall remain in effect until the status is changed as the result of a subsequent local option election [vote] in the [same territory that comprised the] precinct [when such status was established]. If the boundaries of the justice precinct have changed since such status was established, [the commissioners court shall, for purposes of] a subsequent local option election will only change the local option status in the territory that is part of the justice [, define the boundaries of the original] precinct on the date of the subsequent local option election. [A local option election may be held within the territory defined by the commissioners court as constituting such original precinct.]

(a-1) For purposes of a local option election, a newly created justice precinct shall be considered to have not held a local option election on the sale of alcoholic beverages. Any local option status established in the territory comprising the new justice precinct that resulted from a local option election held in the territory when the territory was part of another justice precinct remains in effect until that status is changed by a local option election held in the new justice precinct.

SECTION 2. This Act takes effect September 1, 2009.