HBA-RBT H.B. 1937 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1937
By: Truitt
Licensing & Administrative Procedures
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Constitution requires the Legislature to enact laws which allow
the voters of any town or city to determine, by local option election,
whether to prohibit or legalize the sale of alcoholic beverages.  Texas
courts have held that a local option election regarding the sale of
alcoholic beverages for a city geographically located in more than one
county is not authorized by the constitution without enabling legislation.
H.B. 1937 enables cities that are located in more than one county to
conduct a local option election to prohibit or legalize the sale of
alcoholic beverages. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 251, Alcoholic Beverage Code, by
adding Section 251.18, as follows: 

Sec.  251.18.  ELECTION IN CERTAIN CITIES AND TOWNS.  Provides that this
section applies only to an incorporated city or town located in more than
one county.  Requires any election conducted under this chapter to be
conducted by the city or town instead of the county.  Provides that a
reference to a county or a county official is considered to be a reference
to a city or city official.  Requires the city or town to pay the expense
of the election.  Authorizes an action to contest an election to be brought
in the district court of any county in which the city or town is located. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.