By: Sheffield of Bell H.B. No. 2818
A BILL TO BE ENTITLED
AN ACT
relating to changing the wet or dry status in certain areas of a
political subdivision.
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 251.721, [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. Subchapter D, Chapter 251, Alcoholic Beverage
Code, is amended by adding Section 251.721 to read as follows:
Sec. 251.721. AREA ANNEXED BY CITY OR TOWN. An area annexed
by an incorporated city or town assumes the wet or dry status of the
incorporated city or town annexing the area.
SECTION 3. 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 4. This Act takes effect September 1, 2013.