HBA-CMT H.B. 1222 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1222 By: Truitt Licensing & Administrative Procedures 77/19/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, cities located in more than one county were not able to file an application for a petition to hold local option elections. Since the next smallest political subdivision in some of the counties would be a justice precinct, the multiple-county cities and towns were required to obtain signatures of 35 percent of all registered voters in that justice precinct in order to hold a local option election. House Bill 1222 enables incorporated cities or towns located in more than one county designated wet for the sale of beer and mixed beverages to petition for and hold a local option election for the sale of wine for off-premise consumption. 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. ANALYSIS House Bill 1222 amends the Alcoholic Beverage Code to authorize certain incorporated cities and towns, in which there has been a previous election authorizing the legal sale of any type of alcoholic beverage in any portion of the city or town, to hold a local option election on the ballot issue for or against the legal sale of wine for off-premise consumption only. The bill requires the ballot in an election under the provisions of this bill to be prepared to permit voting for or against "the legal sale of wine for off-premise consumption only." The bill sets forth election requirements and requires the city or town to conduct an election instead of the county and to pay the expense of the election. The bill authorizes an action to contest the election to be brought in the district court of any county in which the city or town is located. H.B. 1222 authorizes the holder of a wine only package store permit whose premises is located in an area that has under the provisions above been voted wet for the sale of wine for off-premises consumption only to purchase, sell, or possess only vinous liquor on those licensed premises. The qualifications for a wine only package store permit whose premises is in a wet area permitting the legal sale of wine for off-premise consumption are the same qualifications as for a permit issued under the wine and beer retailer's offpremise permit chapter of the Alcoholic Beverage Code. EFFECTIVE DATE September 1, 2001.