83R17171 MCK-D
By: Sheffield of Bell H.B. No. 2818
Substitute the following for H.B. No. 2818:
By: Smith C.S.H.B. No. 2818
A BILL TO BE ENTITLED
AN ACT
relating to changing the wet or dry status of a justice precinct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 251.72, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 251.72. CHANGE OF STATUS. Except as provided in
Sections [Section] 251.73 and 251.80 [of this code], an authorized
voting unit that has exercised or may exercise the right of local
option retains the status adopted, whether absolute prohibition or
legalization of the sale of alcoholic beverages of one or more of
the various types and alcoholic contents on which an issue may be
submitted under the terms of Section 501.035, Election Code, until
that status is changed by a subsequent local option election in the
same authorized voting unit.
SECTION 2. Section 251.80, Alcoholic Beverage Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A local option election held in a justice precinct shall
be held in the territory comprising the justice precinct at the time
the election is held. If a justice precinct has established
[Whenever] a local option status as a result of a previous local
option election [is once legally put into effect as the result of
the vote] in the [a] justice precinct, such status shall remain in
effect until the status is changed as the result of a subsequent
local option election [vote] in the [same territory that comprised
the] precinct [when such status was established]. If the
boundaries of the justice precinct have changed since such status
was established, [the commissioners court shall, for purposes of] a
subsequent local option election will only change the local option
status in the territory that is part of the justice [, define the
boundaries of the original] precinct on the date of the subsequent
local option election[. A local option election may be held within
the territory defined by the commissioners court as constituting
such original precinct].
(a-1) For purposes of a local option election, a newly
created justice precinct shall be considered to have not held a
local option election on the sale of alcoholic beverages. Any local
option status established in the territory comprising the new
justice precinct that resulted from a local option election held in
the territory when the territory was part of another justice
precinct remains in effect until that status is changed by a local
option election held in the new justice precinct.
SECTION 3. Section 251.80(c), Alcoholic Beverage Code, is
repealed.
SECTION 4. This Act takes effect September 1, 2013.