81R10327 AJA-D
By: Laubenberg H.B. No. 2419
A BILL TO BE ENTITLED
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 17,900 and not more
than 18,000;
(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 annexed territory
described by Subsection (a)(3) 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.