Bill Text: TX HB3228 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a local option election on the sale of alcoholic beverages in certain areas of a municipality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-08 - Laid on the table subject to call [HB3228 Detail]
Download: Texas-2021-HB3228-Introduced.html
87R8594 MCK-F | ||
By: Lozano | H.B. No. 3228 |
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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. |