BILL ANALYSIS

H.B. 4245

By: Bailes

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that, in light of an increase in the number of registered voters, it is becoming more difficult for political subdivisions to satisfy the minimum petition requirements needed to request a local option election to prohibit or authorize the sale of certain alcoholic beverages. H.B. 4245 seeks to address this issue by decreasing those requirements, including the percentage of voters needed to sign a petition requesting such a local option election.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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. 4245 amends the Election Code to decrease the minimum petition requirements needed to request a local option election as follows:

· for an election to prohibit or authorize the sale of alcoholic beverages, from 35 to 20 the percentage of registered voters in a political subdivision who voted in the most recent gubernatorial election;

· for an election to prohibit or authorize the sale of wine on the premises of a holder of a winery permit, from 25 to 20 the percentage of registered voters in a political subdivision who voted in the most recent general election; and

· for any other ballot issue, from 35 to 20 the percentage of registered voters in a political subdivision who voted in the most recent gubernatorial election.

EFFECTIVE DATE

September 1, 2019.