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HomeMy WebLinkAboutPR 12114:SENATE BILL 829interoffice MEMORANDUM From: Subject: Date: Mayor, City Council, City Manager Judith S. Rawls, First Assistant City Attorney P. R. No. 12114; Council Meeting of March 18, 2003 March 14, 2003 Attached is P. R. NO. 12114 requesting that Senator Kyle Janek, Representative Joe Deshotel and Representative Allen Ritter, as well as the Texas Municipal League (TML), endorse Senate Bill 829 - Legislative Session 78(R), relating to local option elections for the sale of alcoholic beverages (Requested by Mayor Ortiz). JSR/ts Attachment CC: City Secretary z. prl2114, memo P. R. No. 12114 03/13/03 - ts RESOLUTION NO. A RESOLUTION REQUESTING TEAT SENATON KYLE JANEK A/FD REPRESENTIVE JOE DESHOTEL AITD REPRESENTATIVE ALLEN RITTER, AS WELL AS THE TEXAS MUNICIPAL LEAGUE (TML), ENDORSE SENATE BILL 829 - LEGISLATIVE SESSION 78(R), RELATING TO LOCAL OPTION ELECTIONS FOR THE SALE OF ALCOHOLIC BEVERAOES (REQUESTED BY MAYOR ORTIZ) WHEREAS, the City Council deems it the citizens of Port Arthur to request endorse Senate Bill 829 - Legislative relating to local option elections for beverages. NOW THEREFORE, OF PORT ARTHUR: Section 1. true and correct. Section 2. in the public interest of that our representatives Session 78(R), a bill the sale of alcoholic BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY That the facts and opinions in the preamble are That Senator Janek, Representative Deshotel and Representative Ritter, as well as the Texas Municipal League, are herein requested to endorse Senate Bill 829 - Legislative Session 78(R), which relates to local option elections for the sale of alcoholic beverages, as delineated in Exhibit "A". Section 3. That the City Secretary shall send a certified copy of this Resolution to Senator Kyle Janek, Representative Joe DeShotel and Representative Allen Ritter, as well as to the Texas Municipal League. Section 5. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2003, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , City Council ; NOES: ATTEST: OSCAR ORTIZ, MAYOR EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: K T. SOKOLOW, CfTY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER DALE WATSON, ~DIRECTOR OF PLANNING EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 S.B. No. 829 By: Whitmlre £elating To Local A BILL TO BE ENTITLED AN ACT option elections for the sale of alcoholic beverages- BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 251.10, Alcoholic Beverage Code, is amended to read as follows: Section 251.10. VERIFICATION OF PETITION. (a) The reglstra~ of voters of the county shall check the names of the signers of petitions and the voting precincts in which they reside ~o d~[~rmine whether the signers of the petition were qualified voteis of the county, justice precinct, or incorporated city =own a= the time the petition was issued. The petition shall comply with the provisions of Chap=er 277 of the Election Code. The registra~ shall certify ~o the commissioners cour5 the number of qualified voters slgnzng the petition. cignc:; thc vctcr registration csrtificauc number is net (~) tho utter ~£~ist~auion ccr~ificauc n,anbcr Ls nc~ tho actual handwr~tznq of tho ci~ncr: -4) Ln ic a duplIcation either of a name or o~ S.B. No. 829 5 appears on tho official ct~y of ~ho cur~cn5 l~ct of -~=ir~--~ 24 ~) a no~a~ion skcwin~ ~he ro~idcnc~ ~d~rc~c cf c~ch 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 S.B. No. 829 (b) A petltlcn for a local option election rc!ate~ to tho lc~a!ization of tho sale of mixed beverages only ~n an ec~ablizkmcn~ that holdc a fco~ and beverage c£r~ificato must kayo tho actual cxgnaturcs, residence addresses, and voter registration certificate numbers of a numke~ of qualified vccorc of tho politlcal cubdivicion cgua! to 25 pcrconc of the registered voters in tho suk~mvmcion. Tho pos15lon must be filed no5 later than 30 SECTION 3. Section 251.18, Alcoholic Beverage Code, is Sec. 251.18. ELECTION IN CERTAIN CITIES AND TOWNS. (a) This section applies only to an election to permmn or p~ohibit the legal sale of alcoholic beverages in an incorporated cm~y or sown that is located in mo~e than one counny.. ~ %ocatc~ in: S.B. No. 829 1 2 3 4 5 6 7 8 9 10 11 12 13 t4 15 16 17 18 19 20 21 22 23 24 25 26 27 than _~0,000; and ilZ+--~nc of which cc ..... n ...... with a pcpu!atlon of (b) An election to which this section applies shall be conducted by '~he city or town instead of the county. For the purposes of this section, in this subchapter and Subchapters B and (1) a reference to the county is considered to refer the city or town; (2) a reference to the commissioners court is considered to refer to the governing body of the city or town; (3) a reference to th~ county clerk Or registrar of voters is considered to refeI to the secresary of the city or town or, if the city or town does not have a secretary, to the person performing the functzons of a secretary of the city ox town; and (4) a reference to the county judge ~s considered to refer to the mayor of the city oI town oi, if the city or town does not have a mayor, to the presiding officer of the governing body of the city o~ town. (c) The city or uown shall pay the expense of the election. SECTION 4. Section 251.31. Alcoholic Beverage Code, is amended 5o read as follows: Sec. 251.31. CONFORM TO GENERAL ELECTION LAWS. (a) The officers holding the local option election shall conform to the general laws regulating elections unless o~herwlse provided in th~s chapter. '(bi The votes shall be counted a~tcr tho pollc are cio~ 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 829 and the report of the election submitted to the commissioners court within 24 hours after the closing of the polls. S[CTION 5. SecTion 251.35, Alcoholic Beverage Code, ms amended to read as follows: Sec. 251.35. APPOINTMENT OF ELECTION J~3DGES, CLERKS, AND WATCHERS. (a) F+lectzon ~u~ges, c!crke, an~ w~ch~rc eha!! b~ ~ualific~ voterc cf thc election p~eclnc~ in which they are namc~ r~ ~b) Appointment of election judges and clerks shall be in accordance with the general election laws. (b ~c) Electron watchers may be appointed in accordance with general law, but the5' muct bo qualified votorc of th~ elec~on SECTION 6. Section 251.80, Alcoholic Beverage Code, ~s amended to read as follows: Sec. 251.80. CHANGE IN ~ECI~CT BOUNDARIES. (a) Whenever a local optzon status zs once legally put into effect as the result o~ the vote in a justice precinct, such status shall remain ~n effect until the status is changed as the result of a vote in the same territory that comprised the ~reclnc~ when such status was establmshed. If the boundaries of the ]ustice precinct have changed since such status was established, the commissioners court shall, fo~ purposes of a local option election, define the boundaries of the original precznct. A local option electron may be held within the ~erritory defined by the con~nzss~oners court as constituting such ormginal precinct. (t In areas annexed by a ci~y~ the area annexed may vote to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 S.B. No. 829 ~dopt the status of the city annexing the area. The provisions of this chapter relating to an election in an incorporated city shall apply to an election in the annexed area. (c) ~ Nothing in this section is intended to affect the operation of Section 251.73 of this code. (d) (c) The provisions of Section 251.40 of this code relating to the payment of local option election expenses shall apply to elections held in a 5errltory that ms defined in accordance with Subsection (a) of this section. SECTION 7. Section 277.001, Election Code, is amended to read as follows: 277.001. APPLICABILITY OF CHAPTER. This chapne~ applies to a pe~l~ion au~hcrized ox required t¢ be filed under a law outside this code in connection with an election~ £:[ccpt a petition for = local opticn c!oc~cn hc!d un~cr thc A!cohe!ic £cvera~ Cede. SEC%ION 8. Section 251.32, Alcoholic Beverage Code, is repealed. SECTION 9. Section 251.33, Alcoholic Beverage Code, zs repealed. SECTION 10. Section 251.36, Alcoholic Beverage Code, zs repealed. SECTION 11. This Act takes effect SeptembeI 1, 2003.