| 1 | 1 | | 82R23866 MCK-D |
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| 2 | 2 | | By: Flynn H.B. No. 1563 |
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| 3 | 3 | | Substitute the following for H.B. No. 1563: |
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| 4 | 4 | | By: Geren C.S.H.B. No. 1563 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the period of time between certain local option |
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| 10 | 10 | | elections to legalize or prohibit the sale of alcoholic beverages. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 501.038, Election Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 501.038. FREQUENCY OF ELECTIONS. Except as provided |
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| 15 | 15 | | by Section 501.039, a [A] local option election on a particular |
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| 16 | 16 | | issue may not be held in a political subdivision until after the |
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| 17 | 17 | | first anniversary of the most recent local option election in that |
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| 18 | 18 | | political subdivision on that issue. |
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| 19 | 19 | | SECTION 2. Subchapter B, Chapter 501, Election Code, is |
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| 20 | 20 | | amended by adding Section 501.039 to read as follows: |
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| 21 | 21 | | Sec. 501.039. FREQUENCY OF ELECTIONS IN CERTAIN COUNTIES. |
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| 22 | 22 | | (a) This section applies only in a county with a population of at |
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| 23 | 23 | | least 52,000 but not more than 53,000. |
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| 24 | 24 | | (b) Except as provided by Subsection (c), a local option |
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| 25 | 25 | | election on a particular issue may not be held in the county or a |
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| 26 | 26 | | political subdivision in the county before the third anniversary of |
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| 27 | 27 | | the most recent local option election on that issue in the county or |
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| 28 | 28 | | that political subdivision, as applicable. |
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| 29 | 29 | | (c) A municipality may hold a local option election on a |
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| 30 | 30 | | particular issue after the first anniversary of the most recent |
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| 31 | 31 | | local option election on that issue in that municipality if the |
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| 32 | 32 | | municipality: |
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| 33 | 33 | | (1) permits the sale of one or more types or |
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| 34 | 34 | | classifications of alcoholic beverage in the municipality as a |
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| 35 | 35 | | result of a local option election held in the municipality; and |
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| 36 | 36 | | (2) after the local option election is held, annexes |
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| 37 | 37 | | territory in which the sale of one or more of those types or |
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| 38 | 38 | | classifications of alcoholic beverage is not legal. |
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| 39 | 39 | | (d) The municipality shall pay the expense of an election |
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| 40 | 40 | | under Subsection (c). |
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| 41 | 41 | | SECTION 3. The change in law made by this Act applies only |
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| 42 | 42 | | to a local option election for which a petition is filed on or after |
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| 43 | 43 | | the effective date of this Act. A local option election for which a |
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| 44 | 44 | | petition is filed before the effective date of this Act is governed |
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| 45 | 45 | | by the law in effect immediately before that date, and that law is |
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| 46 | 46 | | continued in effect for that purpose. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2011. |
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