Texas 2015 - 84th Regular

Texas House Bill HB2735 Compare Versions

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1-By: Capriglione, Springer H.B. No. 2735
2- (Senate Sponsor - Hancock)
3- (In the Senate - Received from the House April 20, 2015;
4- May 4, 2015, read first time and referred to Committee on Business
5- and Commerce; May 15, 2015, reported favorably by the following
6- vote: Yeas 7, Nays 0; May 15, 2015, sent to printer.)
7-Click here to see the committee vote
1+H.B. No. 2735
82
93
10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to the sale of alcoholic beverages in certain areas
136 annexed by a municipality.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
158 SECTION 1. Section 251.72, Alcoholic Beverage Code, is
169 amended to read as follows:
1710 Sec. 251.72. CHANGE OF STATUS. Except as provided in
1811 Sections 251.725, 251.73, and 251.80, an authorized voting unit
1912 that has exercised or may exercise the right of local option retains
2013 the status adopted, whether absolute prohibition or legalization of
2114 the sale of alcoholic beverages of one or more of the various types
2215 and alcoholic contents on which an issue may be submitted under the
2316 terms of Section 501.035, Election Code, until that status is
2417 changed by a subsequent local option election in the same
2518 authorized voting unit.
2619 SECTION 2. Subchapter D, Chapter 251, Alcoholic Beverage
2720 Code, is amended by adding Section 251.725 to read as follows:
2821 Sec. 251.725. CHANGE OF STATUS FOR CERTAIN TERRITORY
2922 ANNEXED BY MUNICIPALITY. (a) This section applies only to a
3023 municipality whose local option status allows for the legal sale of
3124 beer and wine for off-premise consumption only as a result of a
3225 local option election on the applicable ballot issue held on or
3326 after January 1, 1985.
3427 (b) The governing body of a municipality described by
3528 Subsection (a) may adopt an ordinance authorizing the sale of beer
3629 and wine for off-premise consumption in an area annexed by the
3730 municipality after that election if at the time the ordinance is
3831 adopted:
3932 (1) the annexed area is not more than one percent of
4033 the total area covered by the municipality;
4134 (2) all of the land in the annexed area is zoned for
4235 commercial use only; and
4336 (3) the annexed area is not adjacent to residential,
4437 church, or school property.
4538 SECTION 3. The change in law made by this Act applies to an
4639 area annexed or acquired by a municipality before, on, or after the
4740 effective date of this Act.
4841 SECTION 4. This Act takes effect immediately if it receives
4942 a vote of two-thirds of all the members elected to each house, as
5043 provided by Section 39, Article III, Texas Constitution. If this
5144 Act does not receive the vote necessary for immediate effect, this
5245 Act takes effect September 1, 2015.
53- * * * * *
46+ ______________________________ ______________________________
47+ President of the Senate Speaker of the House
48+ I certify that H.B. No. 2735 was passed by the House on April
49+ 16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
50+ voting.
51+ ______________________________
52+ Chief Clerk of the House
53+ I certify that H.B. No. 2735 was passed by the Senate on May
54+ 20, 2015, by the following vote: Yeas 31, Nays 0.
55+ ______________________________
56+ Secretary of the Senate
57+ APPROVED: _____________________
58+ Date
59+ _____________________
60+ Governor