S.B. No. 1034
 
 
 
 
AN ACT
  relating to allowing the governing bodies of certain municipalities
  to order a local option election relating to the sale of alcoholic
  beverages.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 501.021, Election Code,
  is amended to read as follows:
         Sec. 501.021.  ELECTION TO BE HELD BY PETITION.
         SECTION 2.  Subchapter B, Chapter 501, Election Code, is
  amended by adding Section 501.0211 to read as follows:
         Sec. 501.0211.  ELECTION CALLED BY GOVERNING BODY OF
  MUNICIPALITY.  (a)  This section applies only to a municipality:
               (1)  with a population of at least 112,000 located in a
  county with a population of not more than 135,000;
               (2)  in which the sale of one or more types or
  classifications of alcoholic beverage is legal in the municipality
  as a result of a local option election held in the municipality; and
               (3)  that, after the election is held, annexes
  territory in which the sale of one or more of those types or
  classifications of alcoholic beverage is not legal.
         (b)  After holding a public hearing, the governing body of a
  municipality described by Subsection (a) may, by resolution, order
  a local option election to be held in the municipality on the ballot
  issue the passage of which would legalize the sale of the same types
  and classifications of alcoholic beverages the sale of which was
  legalized by the results of the local option election described by
  Subsection (a).
         (c)  The resolution ordering the election must state in its
  heading and text that the local option election to be held is for
  the purpose of legalizing the sale of the alcoholic beverages and
  set out the ballot issue to be voted on in the election.
         (d)  An election ordered by the governing body of a
  municipality under this section shall be conducted by the
  municipality instead of the county. For the purposes of an election
  conducted under this section, a reference in this code:
               (1)  to the county is considered to refer to the
  municipality;
               (2)  to the commissioners court is considered to refer
  to the governing body of the municipality;
               (3)  to the county clerk or registrar of voters is
  considered to refer to the secretary of the municipality or, if the
  municipality does not have a secretary, to the person performing
  the functions of a secretary of the municipality; and
               (4)  to the county judge is considered to refer to the
  mayor of the municipality or, if the municipality does not have a
  mayor, to the presiding officer of the governing body of the
  municipality.
         (e)  The municipality shall pay the expense of the election.
         (f)  This section expires September 1, 2015.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1034 passed the Senate on
  April 9, 2009, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendment on May 29, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1034 passed the House, with
  amendment, on May 26, 2009, by the following vote: Yeas 141,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor