Texas Laws - Alcoholic Beverage Code (pg. 184)
Sec. 251.725. Change Of Status For Certain Territory Annexed By Municipality.

pg. 184

Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 6. LOCAL OPTION ELECTIONS

Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁶⁰⁴³⁾

Amended by: ⁽⁶⁰⁴⁴⁾

Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 4, eff. September 1, 2005. ⁽⁶⁰⁴⁵⁾

Acts 2013, 83rd Leg., R.S., Ch. 1298 (H.B. 2818), Sec. 4, eff. September 1, 2013. ⁽⁶⁰⁴⁶⁾

Acts 2015, 84th Leg., R.S., Ch. 241 (S.B. 680), Sec. 1, eff. September 1, 2015. ⁽⁶⁰⁴⁷⁾

Acts 2015, 84th Leg., R.S., Ch. 463 (H.B. 2735), Sec. 1, eff. June 15, 2015. ⁽⁶⁰⁴⁸⁾

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(1), eff. September 1, 2017. ⁽⁶⁰⁴⁹⁾

Sec. 251.725. CHANGE OF STATUS FOR CERTAIN TERRITORY ANNEXED BY MUNICIPALITY. ⁽⁶⁰⁵⁰⁾(Text)

(a) This section applies only to a municipality whose local option status allows for the legal sale of beer and wine for off-premise consumption only as a result of a local option election on the applicable ballot issue held on or after January 1, 1985. ⁽⁶⁰⁵¹⁾

(b) The governing body of a municipality described by Subsection (a) may adopt an ordinance authorizing the sale of beer and wine for off-premise consumption in an area annexed by the municipality after that election if at the time the ordinance is adopted: ⁽⁶⁰⁵²⁾

(1) the annexed area is not more than one percent of the total area covered by the municipality; ⁽⁶⁰⁵³⁾

(2) all of the land in the annexed area is zoned for commercial use only; and ⁽⁶⁰⁵⁴⁾

(3) the annexed area is not adjacent to residential, church, or school property. ⁽⁶⁰⁵⁵⁾

Added by Acts 2015, 84th Leg., R.S., Ch. 463 (H.B. 2735), Sec. 2, eff. June 15, 2015. ⁽⁶⁰⁵⁶⁾

Sec. 251.726. CHANGE OF STATUS FOR TERRITORY ANNEXED OR OWNED BY CERTAIN MUNICIPALITIES. ⁽⁶⁰⁵⁷⁾(Text)

(a) This section applies only to a municipality that: ⁽⁶⁰⁵⁸⁾

(1) is partially located in three counties, two of which have a population of 1.8 million or more; ⁽⁶⁰⁵⁹⁾

(2) is primarily located in a county with a population of 1.8 million or more; and ⁽⁶⁰⁶⁰⁾

(3) has within its boundaries all or part of an international airport operated jointly by two municipalities. ⁽⁶⁰⁶¹⁾

(b) Notwithstanding any other law: ⁽⁶⁰⁶²⁾

(1) an area annexed to a municipality to which this section applies assumes the wet or dry status of that municipality; and ⁽⁶⁰⁶³⁾

(2) an area contiguous to and owned by a municipality to which this section applies assumes the wet or dry status of that municipality. ⁽⁶⁰⁶⁴⁾

Added by Acts 2015, 84th Leg., R.S., Ch. 241 (S.B. 680), Sec. 2, eff. September 1, 2015. ⁽⁶⁰⁶⁵⁾

Redesignated from Alcoholic Beverage Code, Section 251.725 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(1), eff. September 1, 2017. ⁽⁶⁰⁶⁶⁾

Sec. 251.73. PREVAILING STATUS: RESOLUTION OF CONFLICTS. ⁽⁶⁰⁶⁷⁾(Text)

To insure that each voter has the maximum possible control over the status of the sale of alcoholic beverages in the area where he resides: ⁽⁶⁰⁶⁸⁾

(1) the status that resulted from or is the result of a duly called election for an incorporated city or town prevails against the status that resulted from or is the result of a duly called election in a justice precinct or county in which the incorporated city or town, or any part of it is contained; and ⁽⁶⁰⁶⁹⁾

(2) the status that resulted or is the result of a duly called election for a justice precinct prevails against the status that resulted from or is the result of a duly called election in an incorporated city or town in which the justice precinct is wholly contained or in a county in which the justice precinct is located. ⁽⁶⁰⁷⁰⁾

Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁶⁰⁷¹⁾

Sec. 251.74. AIRPORT AND STADIUM AS WET AREAS. ⁽⁶⁰⁷²⁾(Text)

(a) This section applies to any county: ⁽⁶⁰⁷³⁾

(1) that has a population of more than 240,000, according to the most recent federal census; ⁽⁶⁰⁷⁴⁾

(2) in which the sale of all alcoholic beverages has been legalized in all or any part of the county; and ⁽⁶⁰⁷⁵⁾

(3) where, at the general election on November 3, 1970, the voters approved the constitutional amendment authorizing the sale of mixed beverages on a local option basis. ⁽⁶⁰⁷⁶⁾

(b) In a county covered by this section, the commissioners court may designate as an area wet for the sale of mixed beverages only: ⁽⁶⁰⁷⁷⁾

(1) the area encompassed by the building structure of a professional sports stadium, used wholly or partly for professional sporting events and having a seating capacity of at least 40,000, and not more than 125 acres of adjacent land used for the benefit of the stadium, regardless of ownership of the land, if no registered voters reside there; and ⁽⁶⁰⁷⁸⁾

(2) the area encompassed by a regional airport. ⁽⁶⁰⁷⁹⁾

(c) The order of the commissioners court authorizes the issuance of a mixed beverage permit. ⁽⁶⁰⁸⁰⁾

Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 1324, ch. 276, Sec. 1, eff. Aug. 29, 1983. ⁽⁶⁰⁸¹⁾

Sec. 251.741. CERTAIN AIRPORTS AS WET AREAS. ⁽⁶⁰⁸²⁾(Text)

In addition to those areas declared wet by order of the commissioners court under the authority of Section 251.74 of this code, in a county with a population of more than 175,000 according to the most recent federal census where the sale of mixed beverages only is legalized in the most populous city in the county by a local option election held after May 18, 1971, the area actually encompassed by any municipal airport under the jurisdiction of that city is wet for the sale of mixed beverages only. Subsequent local option elections held by that city do not affect the local option status of the airport unless the result of the election prohibits the sale of mixed beverages, in which case the provisions of this section do not apply. ⁽⁶⁰⁸³⁾

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