BILL ANALYSIS

H.B. 1401

By: Laubenberg

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Some people believe Texas local option election laws on the sale of alcoholic beverages are in need of clarification. Observers point out that Texas case law appears to indicate that a change in the wet or dry status of an area resulting from the outcome of a local option election is confined to the boundaries of that area as it existed on the date the election process was initiated, while the statutory provisions are unclear on that issue. H.B. 1401 seeks to remedy this situation by making an annexed area subject to the results of a local option election, regardless of when the annexation occurs.

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

H.B. 1401 amends the Election Code to authorize a municipality that includes an area annexed to the municipality, on or after the date on which a petition requesting a local option election on the sale of alcoholic beverages in the municipality is filed, to hold the election in the municipality only if the petition contains a sufficient number of signatures to meet the requirements under state law for ordering a local option election. The bill establishes that the number of signatures required for the petition is based on the number of qualified voters in the municipality, including the annexed area. The bill requires the qualified voters of the annexed area to be allowed to vote in the election and requires the results of the election to determine the local option status of the municipality, including the annexed area.

EFFECTIVE DATE

September 1, 2011.