| 1 | 1 | | 84R5161 JAM-F |
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| 2 | 2 | | By: Capriglione H.B. No. 3038 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the sale of alcoholic beverages in areas annexed or |
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| 8 | 8 | | owned by certain municipalities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 251.72, Alcoholic Beverage Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 251.72. CHANGE OF STATUS. Except as provided in |
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| 13 | 13 | | Sections 251.725, 251.73, and 251.80, an authorized voting unit |
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| 14 | 14 | | that has exercised or may exercise the right of local option retains |
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| 15 | 15 | | the status adopted, whether absolute prohibition or legalization of |
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| 16 | 16 | | the sale of alcoholic beverages of one or more of the various types |
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| 17 | 17 | | and alcoholic contents on which an issue may be submitted under the |
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| 18 | 18 | | terms of Section 501.035, Election Code, until that status is |
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| 19 | 19 | | changed by a subsequent local option election in the same |
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| 20 | 20 | | authorized voting unit. |
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| 21 | 21 | | SECTION 2. Subchapter D, Chapter 251, Alcoholic Beverage |
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| 22 | 22 | | Code, is amended by adding Section 251.725 to read as follows: |
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| 23 | 23 | | Sec. 251.725. CHANGE OF STATUS FOR TERRITORY ANNEXED OR |
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| 24 | 24 | | OWNED BY CERTAIN MUNICIPALITIES. (a) This section applies only to |
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| 25 | 25 | | a municipality that: |
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| 26 | 26 | | (1) is partially located in three counties, two of |
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| 27 | 27 | | which have a population of 1.8 million or more; |
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| 28 | 28 | | (2) is primarily located in a county with a population |
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| 29 | 29 | | of 1.8 million or more; and |
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| 30 | 30 | | (3) has within its boundaries all or part of an |
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| 31 | 31 | | international airport operated jointly by two municipalities. |
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| 32 | 32 | | (b) Notwithstanding any other law: |
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| 33 | 33 | | (1) an area annexed to a municipality to which this |
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| 34 | 34 | | section applies assumes the wet or dry status of that municipality; |
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| 35 | 35 | | and |
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| 36 | 36 | | (2) an area contiguous to and owned by a municipality |
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| 37 | 37 | | to which this section applies assumes the wet or dry status of that |
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| 38 | 38 | | municipality. |
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| 39 | 39 | | SECTION 3. The change in law made by this Act applies to an |
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| 40 | 40 | | area annexed or acquired by a municipality before, on, or after the |
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| 41 | 41 | | effective date of this Act. |
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| 42 | 42 | | SECTION 4. This Act takes effect September 1, 2015. |
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