87R8594 MCK-F
By: Lozano H.B. No. 3228
A BILL TO BE ENTITLED
AN ACT
relating to a local option election on the sale of alcoholic
beverages in certain areas of a municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 251, Alcoholic Beverage
Code, is amended by adding Section 251.742 to read as follows:
Sec. 251.742. MUNICIPAL ALCOHOLIC BEVERAGE ZONE. (a) In
this section, "commercial area" means a contiguous area:
(1) in which 75 percent or more of the land area,
excluding street rights-of-way, is devoted to or restricted to any
combination of retail, restaurant, entertainment, office,
government, or business uses; and
(2) that includes at least 20 commercial
establishments.
(b) This section applies only to a municipality that:
(1) has a population of 15,000 or more; and
(2) is located in two counties one of which:
(A) has a population of 340,000 or more; and
(B) borders the Gulf of Mexico.
(c) The governing body of a municipality by resolution may
propose a zone within a commercial area of the municipality to be
designated as a zone in which the legal sale of one or more
prohibited types or classifications of alcoholic beverages may be
considered in a local option election under this section. The
resolution must describe the boundaries of the proposed zone.
(d) The governing body of the municipality shall order an
election on the issue and prepare the ballot for the election that
describes the boundaries of the proposed zone and permits voting
for or against one of the ballot issues prescribed by Section
501.035, Election Code, with respect to the proposed zone.
(e) The qualified voters of a municipality may petition the
governing body of the municipality, in the manner prescribed by
Chapter 501, Election Code, to order an election to alter the status
of the sale of any type or classification of alcoholic beverages
that has been legalized in a zone by an election conducted under
this section.
(f) An election conducted under this section shall be
conducted within the entire boundaries of the municipality in which
an alcoholic beverage zone is proposed as those boundaries exist on
the date of the election. The results of the election affect only
the wet or dry status of the area within the boundaries of the zone.
(g) The provisions for conducting a local option election
under Chapter 501, Election Code, apply to an election conducted
under this section to the extent those provisions do not conflict
with this section.
(h) The results of an election conducted under this section
do not affect the legal sale of one or more types or classifications
of alcoholic beverages that are permitted in the zone because of the
zone's inclusion in a political subdivision.
SECTION 2. This Act takes effect September 1, 2021.