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.