| 1 | 1 | | 87R8594 MCK-F |
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| 2 | 2 | | By: Lozano H.B. No. 3228 |
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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 a local option election on the sale of alcoholic |
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| 8 | 8 | | beverages in certain areas of 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. Subchapter D, Chapter 251, Alcoholic Beverage |
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| 11 | 11 | | Code, is amended by adding Section 251.742 to read as follows: |
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| 12 | 12 | | Sec. 251.742. MUNICIPAL ALCOHOLIC BEVERAGE ZONE. (a) In |
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| 13 | 13 | | this section, "commercial area" means a contiguous area: |
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| 14 | 14 | | (1) in which 75 percent or more of the land area, |
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| 15 | 15 | | excluding street rights-of-way, is devoted to or restricted to any |
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| 16 | 16 | | combination of retail, restaurant, entertainment, office, |
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| 17 | 17 | | government, or business uses; and |
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| 18 | 18 | | (2) that includes at least 20 commercial |
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| 19 | 19 | | establishments. |
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| 20 | 20 | | (b) This section applies only to a municipality that: |
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| 21 | 21 | | (1) has a population of 15,000 or more; and |
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| 22 | 22 | | (2) is located in two counties one of which: |
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| 23 | 23 | | (A) has a population of 340,000 or more; and |
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| 24 | 24 | | (B) borders the Gulf of Mexico. |
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| 25 | 25 | | (c) The governing body of a municipality by resolution may |
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| 26 | 26 | | propose a zone within a commercial area of the municipality to be |
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| 27 | 27 | | designated as a zone in which the legal sale of one or more |
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| 28 | 28 | | prohibited types or classifications of alcoholic beverages may be |
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| 29 | 29 | | considered in a local option election under this section. The |
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| 30 | 30 | | resolution must describe the boundaries of the proposed zone. |
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| 31 | 31 | | (d) The governing body of the municipality shall order an |
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| 32 | 32 | | election on the issue and prepare the ballot for the election that |
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| 33 | 33 | | describes the boundaries of the proposed zone and permits voting |
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| 34 | 34 | | for or against one of the ballot issues prescribed by Section |
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| 35 | 35 | | 501.035, Election Code, with respect to the proposed zone. |
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| 36 | 36 | | (e) The qualified voters of a municipality may petition the |
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| 37 | 37 | | governing body of the municipality, in the manner prescribed by |
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| 38 | 38 | | Chapter 501, Election Code, to order an election to alter the status |
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| 39 | 39 | | of the sale of any type or classification of alcoholic beverages |
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| 40 | 40 | | that has been legalized in a zone by an election conducted under |
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| 41 | 41 | | this section. |
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| 42 | 42 | | (f) An election conducted under this section shall be |
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| 43 | 43 | | conducted within the entire boundaries of the municipality in which |
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| 44 | 44 | | an alcoholic beverage zone is proposed as those boundaries exist on |
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| 45 | 45 | | the date of the election. The results of the election affect only |
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| 46 | 46 | | the wet or dry status of the area within the boundaries of the zone. |
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| 47 | 47 | | (g) The provisions for conducting a local option election |
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| 48 | 48 | | under Chapter 501, Election Code, apply to an election conducted |
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| 49 | 49 | | under this section to the extent those provisions do not conflict |
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| 50 | 50 | | with this section. |
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| 51 | 51 | | (h) The results of an election conducted under this section |
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| 52 | 52 | | do not affect the legal sale of one or more types or classifications |
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| 53 | 53 | | of alcoholic beverages that are permitted in the zone because of the |
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| 54 | 54 | | zone's inclusion in a political subdivision. |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2021. |
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