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AN ACT
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relating to certain local option elections and the permits and |
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licenses that can be issued in areas that approved the sale of |
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certain alcoholic beverages in a local option election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 25, Alcoholic Beverage Code, is amended |
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by adding Section 25.14 to read as follows: |
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Sec. 25.14. ISSUANCE OF PERMIT AUTHORIZED FOR CERTAIN |
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AREAS. (a) Notwithstanding any other provision of this code, a |
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permit under this chapter may be issued for a premises in an area in |
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which the voters have approved the following alcoholic beverage |
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ballot issues in a local option election: |
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(1) "The legal sale of beer and wine for off-premise |
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consumption only."; and |
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(2) either: |
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(A) "The legal sale of mixed beverages."; or |
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(B) "The legal sale of mixed beverages in |
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restaurants by food and beverage certificate holders only." |
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(b) A premises that qualifies for a permit under this |
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chapter because it is located in an area that approved the ballot |
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issue described by Subsection (a)(2)(B) may be issued a permit |
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under this chapter only if the premises is issued a food and |
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beverage certificate. |
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SECTION 2. Chapter 69, Alcoholic Beverage Code, is amended |
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by adding Section 69.17 to read as follows: |
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Sec. 69.17. ISSUANCE OF LICENSE AUTHORIZED FOR CERTAIN |
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AREAS. (a) Notwithstanding any other provision of this code, a |
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license under this chapter may be issued for a premises in an area |
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in which the voters have approved the following alcoholic beverage |
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ballot issues in a local option election: |
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(1) "The legal sale of beer and wine for off-premise |
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consumption only."; and |
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(2) either: |
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(A) "The legal sale of mixed beverages."; or |
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(B) "The legal sale of mixed beverages in |
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restaurants by food and beverage certificate holders only." |
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(b) A premises that qualifies for a license under this |
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chapter because it is located in an area that approved the ballot |
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issue described by Subsection (a)(2)(B) may be issued a license |
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under this chapter only if the premises is issued a food and |
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beverage certificate. |
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SECTION 3. Chapter 70, Alcoholic Beverage Code, is amended |
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by adding Section 70.04 to read as follows: |
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Sec. 70.04. ISSUANCE OF LICENSE AUTHORIZED FOR CERTAIN |
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AREAS. (a) Notwithstanding any other provision of this code, a |
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license under this chapter may be issued for a premises in an area |
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in which the voters have approved the following alcoholic beverage |
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ballot issues in a local option election: |
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(1) "The legal sale of beer and wine for off-premise |
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consumption only."; and |
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(2) either: |
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(A) "The legal sale of mixed beverages."; or |
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(B) "The legal sale of mixed beverages in |
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restaurants by food and beverage certificate holders only." |
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(b) A premises that qualifies for a license under this |
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chapter because it is located in an area that approved the ballot |
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issue described by Subsection (a)(2)(B) may be issued a license |
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under this chapter only if the premises is issued a food and |
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beverage certificate. |
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SECTION 4. Section 251.72, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 251.72. CHANGE OF STATUS. Except as provided in |
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Sections [Section] 251.73 and 251.80 [of this code], an authorized |
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voting unit that has exercised or may exercise the right of local |
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option retains the status adopted, whether absolute prohibition or |
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legalization of the sale of alcoholic beverages of one or more of |
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the various types and alcoholic contents on which an issue may be |
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submitted under the terms of Section 501.035, Election Code, until |
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that status is changed by a subsequent local option election in the |
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same authorized voting unit. |
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SECTION 5. Section 251.80, Alcoholic Beverage Code, is |
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amended by amending Subsection (a) and adding Subsection (a-1) to |
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read as follows: |
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(a) A local option election held in a justice precinct shall |
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be held in the territory comprising the justice precinct at the time |
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the election is held. If a justice precinct has established |
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[Whenever] a local option status as a result of a previous local |
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option election [is once legally put into effect as the result of
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the vote] in the [a] justice precinct, such status shall remain in |
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effect until the status is changed as the result of a subsequent |
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local option election [vote] in the [same territory that comprised
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the] precinct [when such status was established]. If the |
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boundaries of the justice precinct have changed since such status |
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was established, [the commissioners court shall, for purposes of] a |
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subsequent local option election will only change the local option |
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status in the territory that is part of the justice [, define the
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boundaries of the original] precinct on the date of the subsequent |
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local option election[. A local option election may be held within
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the territory defined by the commissioners court as constituting
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such original precinct]. |
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(a-1) For purposes of a local option election, a newly |
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created justice precinct shall be considered to have not held a |
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local option election on the sale of alcoholic beverages. Any local |
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option status established in the territory comprising the new |
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justice precinct that resulted from a local option election held in |
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the territory when the territory was part of another justice |
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precinct remains in effect until that status is changed by a local |
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option election held in the new justice precinct. |
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SECTION 6. Section 251.80(c), Alcoholic Beverage Code, is |
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repealed. |
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SECTION 7. Sections 25.14, 69.17, and 70.04, Alcoholic |
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Beverage Code, as added by this Act, apply to a permit or license |
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issued on or after the effective date of this Act regardless of when |
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the local option election approving the sale of mixed beverages was |
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held. |
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SECTION 8. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2818 was passed by the House on May 8, |
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2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2818 on May 23, 2013, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2818 on May 26, 2013, by the following vote: Yeas 141, |
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Nays 0, 3 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2818 was passed by the Senate, with |
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amendments, on May 21, 2013, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2818 on May 26, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |