| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the period of time between certain local option |
|
|
elections to legalize or prohibit the sale of alcoholic beverages. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 501.038, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 501.038. FREQUENCY OF ELECTIONS. Except as provided |
|
|
by Section 501.039, a [A] local option election on a particular |
|
|
issue may not be held in a political subdivision until after the |
|
|
first anniversary of the most recent local option election in that |
|
|
political subdivision on that issue. |
|
|
SECTION 2. Subchapter B, Chapter 501, Election Code, is |
|
|
amended by adding Section 501.039 to read as follows: |
|
|
Sec. 501.039. FREQUENCY OF ELECTIONS IN CERTAIN COUNTIES. |
|
|
(a) This section applies only in a county with a population of at |
|
|
least 52,000 but not more than 53,000. |
|
|
(b) Except as provided by Subsection (c), a local option |
|
|
election on a particular issue may not be held in the county or a |
|
|
political subdivision in the county before the third anniversary of |
|
|
the most recent local option election on that issue in the county or |
|
|
that political subdivision, as applicable. |
|
|
(c) A municipality may hold a local option election on a |
|
|
particular issue after the first anniversary of the most recent |
|
|
local option election on that issue in that municipality if the |
|
|
municipality: |
|
|
(1) permits the sale of one or more types or |
|
|
classifications of alcoholic beverage in the municipality as a |
|
|
result of a local option election held in the municipality; and |
|
|
(2) after the local option election is held, annexes |
|
|
territory in which the sale of one or more of those types or |
|
|
classifications of alcoholic beverage is not legal. |
|
|
(d) The municipality shall pay the expense of an election |
|
|
under Subsection (c). |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a local option election for which a petition is filed on or after |
|
|
the effective date of this Act. A local option election for which a |
|
|
petition is filed before the effective date of this Act is governed |
|
|
by the law in effect immediately before that date, and that law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2011. |