1 | | - | By: Capriglione, Springer H.B. No. 2735 |
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2 | | - | (Senate Sponsor - Hancock) |
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3 | | - | (In the Senate - Received from the House April 20, 2015; |
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4 | | - | May 4, 2015, read first time and referred to Committee on Business |
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5 | | - | and Commerce; May 15, 2015, reported favorably by the following |
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6 | | - | vote: Yeas 7, Nays 0; May 15, 2015, sent to printer.) |
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7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2735 |
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11 | 4 | | AN ACT |
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12 | 5 | | relating to the sale of alcoholic beverages in certain areas |
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13 | 6 | | annexed by a municipality. |
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14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 8 | | SECTION 1. Section 251.72, Alcoholic Beverage Code, is |
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16 | 9 | | amended to read as follows: |
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17 | 10 | | Sec. 251.72. CHANGE OF STATUS. Except as provided in |
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18 | 11 | | Sections 251.725, 251.73, and 251.80, an authorized voting unit |
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19 | 12 | | that has exercised or may exercise the right of local option retains |
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20 | 13 | | the status adopted, whether absolute prohibition or legalization of |
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21 | 14 | | the sale of alcoholic beverages of one or more of the various types |
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22 | 15 | | and alcoholic contents on which an issue may be submitted under the |
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23 | 16 | | terms of Section 501.035, Election Code, until that status is |
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24 | 17 | | changed by a subsequent local option election in the same |
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25 | 18 | | authorized voting unit. |
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26 | 19 | | SECTION 2. Subchapter D, Chapter 251, Alcoholic Beverage |
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27 | 20 | | Code, is amended by adding Section 251.725 to read as follows: |
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28 | 21 | | Sec. 251.725. CHANGE OF STATUS FOR CERTAIN TERRITORY |
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29 | 22 | | ANNEXED BY MUNICIPALITY. (a) This section applies only to a |
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30 | 23 | | municipality whose local option status allows for the legal sale of |
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31 | 24 | | beer and wine for off-premise consumption only as a result of a |
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32 | 25 | | local option election on the applicable ballot issue held on or |
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33 | 26 | | after January 1, 1985. |
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34 | 27 | | (b) The governing body of a municipality described by |
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35 | 28 | | Subsection (a) may adopt an ordinance authorizing the sale of beer |
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36 | 29 | | and wine for off-premise consumption in an area annexed by the |
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37 | 30 | | municipality after that election if at the time the ordinance is |
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38 | 31 | | adopted: |
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39 | 32 | | (1) the annexed area is not more than one percent of |
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40 | 33 | | the total area covered by the municipality; |
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41 | 34 | | (2) all of the land in the annexed area is zoned for |
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42 | 35 | | commercial use only; and |
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43 | 36 | | (3) the annexed area is not adjacent to residential, |
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44 | 37 | | church, or school property. |
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45 | 38 | | SECTION 3. The change in law made by this Act applies to an |
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46 | 39 | | area annexed or acquired by a municipality before, on, or after the |
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47 | 40 | | effective date of this Act. |
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48 | 41 | | SECTION 4. This Act takes effect immediately if it receives |
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49 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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50 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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51 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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52 | 45 | | Act takes effect September 1, 2015. |
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53 | | - | * * * * * |
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| 46 | + | ______________________________ ______________________________ |
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| 47 | + | President of the Senate Speaker of the House |
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| 48 | + | I certify that H.B. No. 2735 was passed by the House on April |
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| 49 | + | 16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not |
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| 50 | + | voting. |
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| 51 | + | ______________________________ |
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| 52 | + | Chief Clerk of the House |
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| 53 | + | I certify that H.B. No. 2735 was passed by the Senate on May |
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| 54 | + | 20, 2015, by the following vote: Yeas 31, Nays 0. |
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| 55 | + | ______________________________ |
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| 56 | + | Secretary of the Senate |
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| 57 | + | APPROVED: _____________________ |
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| 58 | + | Date |
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| 59 | + | _____________________ |
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| 60 | + | Governor |
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