| 1 | 1 | | 85R1269 AJA-D |
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| 2 | 2 | | By: Capriglione H.B. No. 1035 |
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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 certain areas |
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| 8 | 8 | | annexed by a municipality. |
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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 251.725, Alcoholic Beverage Code, as |
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| 11 | 11 | | added by Chapter 463 (H.B. 2735), Acts of the 84th Legislature, |
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| 12 | 12 | | Regular Session, 2015, is amended to read as follows: |
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| 13 | 13 | | Sec. 251.725. CHANGE OF STATUS FOR CERTAIN TERRITORY |
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| 14 | 14 | | ANNEXED BY MUNICIPALITY. (a) This section applies only to a |
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| 15 | 15 | | municipality whose local option status allows for the legal sale of |
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| 16 | 16 | | beer and wine for off-premise consumption and for the legal sale of |
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| 17 | 17 | | mixed beverages [only] as a result of a local option election on an |
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| 18 | 18 | | [the] applicable ballot issue held on or after January 1, 1985. |
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| 19 | 19 | | (b) The governing body of a municipality described by |
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| 20 | 20 | | Subsection (a) may adopt an ordinance authorizing the sale of beer |
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| 21 | 21 | | and wine for off-premise consumption or mixed beverages for |
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| 22 | 22 | | on-premise consumption in an area annexed by the municipality after |
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| 23 | 23 | | that election if at the time the ordinance is adopted: |
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| 24 | 24 | | (1) the annexed area is not more than one percent of |
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| 25 | 25 | | the total area covered by the municipality; |
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| 26 | 26 | | (2) all of the land in the annexed area is zoned for |
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| 27 | 27 | | commercial use only; and |
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| 28 | 28 | | (3) the annexed area is not adjacent to residential, |
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| 29 | 29 | | church, or school property. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies to an |
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| 31 | 31 | | area annexed or acquired by a municipality before, on, or after the |
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| 32 | 32 | | effective date of this Act. |
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| 33 | 33 | | SECTION 3. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2017. |
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