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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of alcoholic beverages in certain areas |
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annexed by a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.725, Alcoholic Beverage Code, as |
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added by Chapter 463 (H.B. 2735), Acts of the 84th Legislature, |
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Regular Session, 2015, is amended to read as follows: |
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Sec. 251.725. CHANGE OF STATUS FOR CERTAIN TERRITORY |
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ANNEXED BY MUNICIPALITY. (a) This section applies only to a |
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municipality whose local option status allows for the legal sale of |
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beer and wine for off-premise consumption and for the legal sale of |
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mixed beverages [only] as a result of a local option election on an |
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[the] applicable ballot issue held on or after January 1, 1985. |
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(b) The governing body of a municipality described by |
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Subsection (a) may adopt an ordinance authorizing the sale of beer |
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and wine for off-premise consumption or mixed beverages for |
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on-premise consumption in an area annexed by the municipality after |
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that election if at the time the ordinance is adopted: |
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(1) the annexed area is not more than one percent of |
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the total area covered by the municipality; |
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(2) all of the land in the annexed area is zoned for |
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commercial use only; and |
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(3) the annexed area is not adjacent to residential, |
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church, or school property. |
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SECTION 2. The change in law made by this Act applies to an |
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area annexed or acquired by a municipality before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |