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A BILL TO BE ENTITLED
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AN ACT
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relating to changing the wet or dry status in certain areas of a |
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political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.72, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 251.72. CHANGE OF STATUS. Except as provided in |
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Sections 251.721, [Section] 251.73, and 251.80 [of this code], an |
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authorized voting unit that has exercised or may exercise the right |
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of local option retains the status adopted, whether absolute |
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prohibition or legalization of the sale of alcoholic beverages of |
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one or more of the various types and alcoholic contents on which an |
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issue may be submitted under the terms of Section 501.035, Election |
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Code, until that status is changed by a subsequent local option |
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election in the same authorized voting unit. |
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SECTION 2. Subchapter D, Chapter 251, Alcoholic Beverage |
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Code, is amended by adding Section 251.721 to read as follows: |
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Sec. 251.721. AREA ANNEXED BY CITY OR TOWN. An area annexed |
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by an incorporated city or town assumes the wet or dry status of the |
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incorporated city or town annexing the area. |
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SECTION 3. Section 251.80, Alcoholic Beverage Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A local option election held in a justice precinct shall |
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be held in the territory comprising the justice precinct at the time |
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the election is held. If a justice precinct has established |
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[Whenever] a local option status as a result of a previous local |
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option election [is once legally put into effect as the result of
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the vote] in the [a] justice precinct, such status shall remain in |
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effect until the status is changed as the result of a subsequent |
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local option election [vote] in the [same territory that comprised
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the] precinct [when such status was established]. If the |
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boundaries of the justice precinct have changed since such status |
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was established, [the commissioners court shall, for purposes of] a |
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subsequent local option election will only change the local option |
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status in the territory that is part of the justice [, define the
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boundaries of the original] precinct on the date of the subsequent |
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local option election. [A local option election may be held within
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the territory defined by the commissioners court as constituting
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such original precinct.] |
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(a-1) For purposes of a local option election, a newly |
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created justice precinct shall be considered to have not held a |
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local option election on the sale of alcoholic beverages. Any local |
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option status established in the territory comprising the new |
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justice precinct that resulted from a local option election held in |
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the territory when the territory was part of another justice |
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precinct remains in effect until that status is changed by a local |
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option election held in the new justice precinct. |
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SECTION 4. This Act takes effect September 1, 2013. |