84R10882 AJA-D
By: Capriglione, Springer H.B. No. 2735
A BILL TO BE ENTITLED
AN ACT
relating to the sale of alcoholic beverages in certain areas
annexed by a municipality.
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 251.725, 251.73, and 251.80, 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 251.725 to read as follows:
Sec. 251.725. CHANGE OF STATUS FOR CERTAIN TERRITORY
ANNEXED BY MUNICIPALITY. (a) This section applies only to a
municipality whose local option status allows for the legal sale of
beer and wine for off-premise consumption only as a result of a
local option election on the applicable ballot issue held on or
after January 1, 1985.
(b) The governing body of a municipality described by
Subsection (a) may adopt an ordinance authorizing the sale of beer
and wine for off-premise consumption in an area annexed by the
municipality after that election if at the time the ordinance is
adopted:
(1) the annexed area is not more than one percent of
the total area covered by the municipality;
(2) all of the land in the annexed area is zoned for
commercial use only; and
(3) the annexed area is not adjacent to residential,
church, or school property.
SECTION 3. The change in law made by this Act applies to an
area annexed or acquired by a municipality before, on, or after the
effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.