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