Bill Text: TX HB1563 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the period of time between certain local option elections to legalize or prohibit the sale of alcoholic beverages.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-16 - Referred to Business & Commerce [HB1563 Detail]
Download: Texas-2011-HB1563-Engrossed.html
| 82R23866 MCK-D | ||
| By: Flynn | H.B. No. 1563 | |
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| relating to the period of time between certain local option | ||
| elections to legalize or prohibit the sale of alcoholic beverages. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 501.038, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 501.038. FREQUENCY OF ELECTIONS. Except as provided | ||
| by Section 501.039, a [ |
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| issue may not be held in a political subdivision until after the | ||
| first anniversary of the most recent local option election in that | ||
| political subdivision on that issue. | ||
| SECTION 2. Subchapter B, Chapter 501, Election Code, is | ||
| amended by adding Section 501.039 to read as follows: | ||
| Sec. 501.039. FREQUENCY OF ELECTIONS IN CERTAIN COUNTIES. | ||
| (a) This section applies only in a county with a population of at | ||
| least 52,000 but not more than 53,000. | ||
| (b) Except as provided by Subsection (c), a local option | ||
| election on a particular issue may not be held in the county or a | ||
| political subdivision in the county before the third anniversary of | ||
| the most recent local option election on that issue in the county or | ||
| that political subdivision, as applicable. | ||
| (c) A municipality may hold a local option election on a | ||
| particular issue after the first anniversary of the most recent | ||
| local option election on that issue in that municipality if the | ||
| municipality: | ||
| (1) permits the sale of one or more types or | ||
| classifications of alcoholic beverage in the municipality as a | ||
| result of a local option election held in the municipality; and | ||
| (2) after the local option election is held, annexes | ||
| territory in which the sale of one or more of those types or | ||
| classifications of alcoholic beverage is not legal. | ||
| (d) The municipality shall pay the expense of an election | ||
| under Subsection (c). | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a local option election for which a petition is filed on or after | ||
| the effective date of this Act. A local option election for which a | ||
| petition is filed before the effective date of this Act is governed | ||
| by the law in effect immediately before that date, and that law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
