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A BILL TO BE ENTITLED
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AN ACT
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relating to a local option election on the sale of alcoholic |
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beverages in certain areas of a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 251, Alcoholic Beverage |
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Code, is amended by adding Section 251.742 to read as follows: |
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Sec. 251.742. MUNICIPAL ALCOHOLIC BEVERAGE ZONE. (a) In |
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this section, "commercial area" means a contiguous area: |
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(1) in which 75 percent or more of the land area, |
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excluding street rights-of-way, is devoted to or restricted to any |
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combination of retail, restaurant, entertainment, office, |
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government, or business uses; and |
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(2) that includes at least 20 commercial |
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establishments. |
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(b) This section applies only to a municipality that: |
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(1) has a population of 15,000 or more; and |
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(2) is located in two counties one of which: |
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(A) has a population of 340,000 or more; and |
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(B) borders the Gulf of Mexico. |
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(c) The governing body of a municipality by resolution may |
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propose a zone within a commercial area of the municipality to be |
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designated as a zone in which the legal sale of one or more |
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prohibited types or classifications of alcoholic beverages may be |
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considered in a local option election under this section. The |
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resolution must describe the boundaries of the proposed zone. |
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(d) The governing body of the municipality shall order an |
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election on the issue and prepare the ballot for the election that |
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describes the boundaries of the proposed zone and permits voting |
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for or against one of the ballot issues prescribed by Section |
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501.035, Election Code, with respect to the proposed zone. |
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(e) The qualified voters of a municipality may petition the |
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governing body of the municipality, in the manner prescribed by |
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Chapter 501, Election Code, to order an election to alter the status |
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of the sale of any type or classification of alcoholic beverages |
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that has been legalized in a zone by an election conducted under |
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this section. |
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(f) An election conducted under this section shall be |
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conducted within the entire boundaries of the municipality in which |
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an alcoholic beverage zone is proposed as those boundaries exist on |
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the date of the election. The results of the election affect only |
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the wet or dry status of the area within the boundaries of the zone. |
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(g) The provisions for conducting a local option election |
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under Chapter 501, Election Code, apply to an election conducted |
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under this section to the extent those provisions do not conflict |
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with this section. |
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(h) The results of an election conducted under this section |
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do not affect the legal sale of one or more types or classifications |
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of alcoholic beverages that are permitted in the zone because of the |
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zone's inclusion in a political subdivision. |
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SECTION 2. This Act takes effect September 1, 2021. |