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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of alcoholic beverages in certain areas |
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annexed by a municipality. |
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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 251.725, 251.73, and 251.80, an authorized voting unit |
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that has exercised or may exercise the right of local option retains |
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the status adopted, whether absolute prohibition or legalization of |
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the sale of alcoholic beverages of one or more of the various types |
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and alcoholic contents on which an issue may be submitted under the |
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terms of Section 501.035, Election Code, until that status is |
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changed by a subsequent local option election in the same |
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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 251.725 to read as follows: |
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Sec. 251.725. CHANGE OF STATUS FOR CERTAIN TERRITORY |
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ANNEXED BY MUNICIPALITY. (a) This section applies only to a |
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municipality whose local option status allows for the legal sale of |
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beer and wine for off-premise consumption only as a result of a |
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local option election on the applicable ballot issue held on or |
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after January 1, 1985. |
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(b) The governing body of a municipality described by |
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Subsection (a) may adopt an ordinance authorizing the sale of beer |
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and wine for off-premise consumption in an area annexed by the |
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municipality after that election if at the time the ordinance is |
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adopted: |
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(1) the annexed area is not more than one percent of |
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the total area covered by the municipality; |
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(2) all of the land in the annexed area is zoned for |
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commercial use only; and |
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(3) the annexed area is not adjacent to residential, |
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church, or school property. |
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SECTION 3. The change in law made by this Act applies to an |
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area annexed or acquired by a municipality before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |