HBA-ALS H.B. 1814 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1814 By: Brimer Licensing and Administrative Procedures 3/8/1999 Introduced BACKGROUND AND PURPOSE Under current law, Texas communities may hold local option elections regarding the sale of alcohol. Many areas have elected to prohibit the sale of mixed beverages to prevent the proliferation of bars; however, these prohibitions apply not only to bars but also to full-service restaurants. Also, under current law, a city or town that is located in more than one county is unable to hold its own election on the sale of mixed beverages in restaurants. The purpose of this bill is to promote the development of full-service restaurants in communities by creating a local option election to allow restaurants to sell mixed beverages. H.B. 1814 provides petition requirements necessary for a commissioners court to order a local option election on the issue of the legalization of the sale of mixed beverages in restaurants; permits an election to be held on the issue of the legal sale of mixed beverages in restaurants only; and requires a restaurant that sells mixed beverages in an area which only allows the selling of mixed beverages in restaurants, to hold a food and beverage certificate that is issued by and subject to review by the Texas Alcoholic Beverage Commission. H.B.1814 only applies to an election in an incorporated city or town that is located in more than one county and requires that the election be held by the city or town instead of the county. This bill also provides definitions for purposes of specified subchapters of the Alcoholic Beverage Code. 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 Section 251.11, Alcoholic Beverage Code, to provide that the number of signatures of qualified voters of a political subdivision necessary for the commissioners court to order a local option election on the issue of the legalization of the sale of mixed beverages in restaurants need be no more than 25 percent of the registered voters in the subdivision. SECTION 2. Amends Section 251.14(b), Alcoholic Beverage Code, to require, in a local option election pertaining to the legalization of the sale of a prohibited type of alcohol, that the ballot permit voting for or against the issue of "the legal sale of mixed beverages in restaurants only." SECTION 3. Amends Section 251.14(c), Alcoholic Beverage Code, to require, in a prohibitory election in an area where the sale of all alcoholic beverages is legal, that the ballot permit voting for or against the issue of "the legal sale of mixed beverages, including sales of mixed beverages in restaurants." SECTION 4. Amends Section 251.15, Alcoholic Beverage Code, to provide that if the sale of mixed beverages in restaurants is legalized prior to a legalization or prohibitory local option election on the general sales of mixed beverages, then the sale of mixed beverages in restaurants remains legalized regardless of the outcome of the election on the general sale of mixed beverages. Provides that a restaurant which sells mixed beverages must hold a food and beverage certificate in an area where the sale of mixed beverages is only allowed in restaurants. SECTION 5. Amends Subchapter A, Chapter 251, Alcoholic Beverage Code, by adding Section 251.018, as follows: Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. Provides that this section applies only to an election on the legal sale of mixed beverages that is held by an incorporated city or town which is located in more than one county. Requires an election under this section to be conducted by the city or town instead of the county. Defines "county," "commissioners court," "county clerk or registrar of voters," and "county judge" for purposes of this subchapter, and Subchapters B (Election) and C (Procedure Following Election). Requires the city or town to pay the expense of the election. SECTION 6. Provides that this bill applies to a holder of a food and beverage certificate. SECTION 7.Emergency clause. Effective date: 90 days after adjournment.