BILL ANALYSIS

 

 

Senate Research Center

H.B. 2885

89R2649 SCF-D

By: Gerdes (Schwertner)

 

State Affairs

 

5/12/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, businesses in different precincts of Bastrop County face unequal access to applications for mixed beverage permits and further lack the means to petition for change. In many cases, new businesses coming to the county are unaware of and curtailed by the unclear option to apply for a mixed beverage permit.

 

H.B. 2885 would amend the Alcoholic Beverage Code to allow Bastrop County and the municipalities to hold open elections on the sale of alcoholic beverages and implement zoning regulations for alcohol-selling businesses within designated zones. These provisions would allow both the county and municipalities to ensure that businesses align with community interests, promote economic growth through responsible commercial development, and strengthen quality of life through targeted regulations.

 

H.B. 2885 amends current law relating to allowing the governing bodies of certain political subdivisions to call for a local option election relating to the sale of alcoholic beverages.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter B, Chapter 501, Election Code, by adding Section 501.0211, as follows:

 

Sec. 501.0211. ELECTION CALLED BY GOVERNING BODY OF POLITICAL SUBDIVISION. (a) Provides that this section applies only to a county with a population of more than 70,000 and less than 100,000, that contains a portion of the Colorado River, and that is adjacent to a county with a population of one million or more.

 

(b) Authorizes the commissioners court of a county to, on the commissioners court's own motion, order a local option election in the county or a justice precinct in the county to determine whether the sale of alcoholic beverages of one or more of the various types and alcoholic contents shall be legalized in the county or the justice precinct.

 

(c) Authorizes the governing body of a municipality to, by resolution, order a local election to be held in the municipality to determine whether the sale of alcoholic beverages of one or more of the various types and alcoholic contents shall be legalized in the municipality.

 

SECTION 2. Effective date: September 1, 2025.