CHAPTER 501. LOCAL OPTION ELECTIONS ON SALE OF ALCOHOLIC BEVERAGES - Texas Statutes

ELECTION CODE

TITLE 17. LOCAL OPTION ELECTIONS

CHAPTER 501. LOCAL OPTION ELECTIONS ON SALE OF

ALCOHOLIC BEVERAGES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 501.001. DEFINITIONS. In this chapter:

(1) "Alcoholic beverage," "beer," "commission," "liquor," "mixed

beverage," and "wine and vinous liquor" have the meanings

assigned by Section 1.04, Alcoholic Beverage Code.

(2) "Municipality" has the meaning assigned by Section 1.005,

Local Government Code.

(3) "Premises" has the meaning assigned by Section 11.49,

Alcoholic Beverage Code.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.002. REFERENCES IN OTHER LAW. A reference in law to an

election or a local option election held under Chapter 251,

Alcoholic Beverage Code, means an election held under this

chapter.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.003. ENFORCEMENT. The enforcement provisions of the

Alcoholic Beverage Code that relate generally to a violation of a

provision of that code, including Chapter 101, Alcoholic Beverage

Code, apply to a violation of a provision of this chapter.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

SUBCHAPTER B. MANNER OF CALLING ELECTION

Sec. 501.021. ELECTION TO BE HELD BY PETITION. On proper

petition by the required number of voters of a county, justice

precinct, or municipality in the county, the commissioners court

shall order a local option election in the political subdivision

to determine whether the sale of alcoholic beverages of one or

more of the various types and alcoholic contents shall be

prohibited or legalized in the political subdivision.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

778, Sec. 1, eff. September 1, 2009.

For expiration of this section, see Subsection (f).

Text of section effective until September 01, 2015

Sec. 501.0211. ELECTION CALLED BY GOVERNING BODY OF

MUNICIPALITY. (a) This section applies only to a municipality:

(1) with a population of at least 112,000 located in a county

with a population of not more than 135,000;

(2) in which the sale of one or more types or classifications of

alcoholic beverage is legal in the municipality as a result of a

local option election held in the municipality; and

(3) that, after the election is held, annexes territory in which

the sale of one or more of those types or classifications of

alcoholic beverage is not legal.

(b) After holding a public hearing, the governing body of a

municipality described by Subsection (a) may, by resolution,

order a local option election to be held in the municipality on

the ballot issue the passage of which would legalize the sale of

the same types and classifications of alcoholic beverages the

sale of which was legalized by the results of the local option

election described by Subsection (a).

(c) The resolution ordering the election must state in its

heading and text that the local option election to be held is for

the purpose of legalizing the sale of the alcoholic beverages and

set out the ballot issue to be voted on in the election.

(d) An election ordered by the governing body of a municipality

under this section shall be conducted by the municipality instead

of the county. For the purposes of an election conducted under

this section, a reference in this code:

(1) to the county is considered to refer to the municipality;

(2) to the commissioners court is considered to refer to the

governing body of the municipality;

(3) to the county clerk or registrar of voters is considered to

refer to the secretary of the municipality or, if the

municipality does not have a secretary, to the person performing

the functions of a secretary of the municipality; and

(4) to the county judge is considered to refer to the mayor of

the municipality or, if the municipality does not have a mayor,

to the presiding officer of the governing body of the

municipality.

(e) The municipality shall pay the expense of the election.

(f) This section expires September 1, 2015.

Added by Acts 2009, 81st Leg., R.S., Ch.

778, Sec. 2, eff. September 1, 2009.

Sec. 501.022. QUALIFICATIONS FOR NEW POLITICAL SUBDIVISION TO

HOLD ELECTION. (a) A political subdivision must have been in

existence for at least 18 months before a local option election

to legalize or prohibit the sale of liquor in the political

subdivision may be held.

(b) The political subdivision must include substantially all the

area encompassed by the political subdivision at the time of its

creation and may include any other area subsequently annexed by

or added to the political subdivision.

(c) This section does not apply to a municipality incorporated

before December 1, 1971.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.023. APPLICATION FOR PETITION. (a) If 10 or more

qualified voters of any county, justice precinct, or municipality

file a written application and provide proof of publication in a

newspaper of general circulation in that political subdivision,

the county clerk of the county shall issue to the applicants a

petition to be circulated among the qualified voters of the

political subdivision for the signatures of those qualified

voters who desire that a local option election be called for the

purpose of determining whether the sale of alcoholic beverages of

one or more of the various types and alcoholic contents shall be

prohibited or legalized in the political subdivision.

(b) Not later than the fifth day after the date the petition is

issued, the county clerk shall notify the commission and the

secretary of state that the petition has been issued.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.024. HEADING, STATEMENT, AND ISSUE ON APPLICATION FOR

PETITION TO PROHIBIT. (a) An application for a petition seeking

an election to prohibit the sale of alcoholic beverages of one or

more of the various types and alcoholic contents must be headed:

"Application for Local Option Election Petition to Prohibit."

(b) The application must contain a statement just ahead of the

signatures of the applicants, as follows: "It is the hope,

purpose and intent of the applicants whose signatures appear

hereon to see prohibited the sale of alcoholic beverages referred

to in the issue set out above."

(c) The issue to be voted on must be:

(1) clearly stated in the application; and

(2) one of the issues listed in Section 501.035.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.025. HEADING, STATEMENT, AND ISSUE ON APPLICATION FOR

PETITION TO LEGALIZE. (a) An application for a petition seeking

an election to legalize the sale of alcoholic beverages of one or

more of the various types and alcoholic contents must be headed:

"Application for Local Option Election Petition to Legalize."

(b) The application must contain a statement just ahead of the

signatures of the applicants, as follows: "It is the hope,

purpose and intent of the applicants whose signatures appear

hereon to see legalized the sale of alcoholic beverages referred

to in the issue set out above."

(c) The issue to be voted on must be:

(1) clearly stated in the application; and

(2) one of the issues listed in Section 501.035.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.026. PETITION REQUIREMENTS. A petition must show the

date the petition is issued by the county clerk and be serially

numbered. Each page of a petition must bear the same date and

serial number and the actual seal of the county clerk rather than

a facsimile of that seal.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.027. HEADING AND STATEMENT ON PETITION TO PROHIBIT.

(a) Each page of the petition for a local option election

seeking to prohibit the sale of alcoholic beverages of one or

more of the various types and alcoholic contents must be headed

"Petition for Local Option Election to Prohibit."

(b) The petition must contain a statement just ahead of the

signatures of the petitioners, as follows: "It is the hope,

purpose and intent of the petitioners whose signatures appear

hereon to see prohibited the sale of alcoholic beverages referred

to in the issue set out above."

(c) The issue to be voted on must be:

(1) clearly stated in the petition; and

(2) one of the issues listed in Section 501.035.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.028. HEADING AND STATEMENT ON PETITION TO LEGALIZE.

(a) Each page of the petition for a local option election

seeking to legalize the sale of alcoholic beverages of one or

more of the various types and alcoholic contents must be headed

"Petition for Local Option Election to Legalize."

(b) The petition must contain a statement just ahead of the

signatures of the petitioners, as follows: "It is the hope,

purpose and intent of the petitioners whose signatures appear

hereon to see legalized the sale of alcoholic beverages referred

to in the issue set out above."

(c) The issue to be voted on must be:

(1) clearly stated in the petition; and

(2) one of the issues listed in Section 501.035.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.029. OFFENSE: MISREPRESENTATION OF PETITION. (a) A

person commits an offense if the person misrepresents the purpose

or effect of a petition issued under this chapter.

(b) An offense under this section is a Class B misdemeanor.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.030. COPIES OF PETITION. (a) The county clerk shall

supply as many copies of the petition as may be required by the

applicants but not to exceed more than one page of the petition

for every 10 registered voters in the county, justice precinct,

or municipality. Each copy must bear the date, number, and seal

on each page as required on the original petition.

(b) The county clerk shall keep a copy of each petition and a

record of the applicants for the petition.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.031. VERIFICATION OF PETITION. (a) The voter

registrar of the county shall check the names of the signers of

petitions and the voting precincts in which the signers reside

to determine whether the signers were qualified voters of the

county, justice precinct, or municipality at the time the

petition was issued. The political subdivision may use a

statistical sampling method to verify the signatures, except that

on written request from a citizen of the political subdivision

for which an election is sought, the political subdivision shall

verify each signature on the petition. The citizen making the

request shall pay the reasonable cost of the verification. The

registrar shall certify to the commissioners court the number of

qualified voters signing the petition.

(b) A petition signature may not be counted unless the signature

is the actual signature of the purported signer and the petition:

(1) contains in addition to the signature:

(A) the signer's printed name;

(B) the signer's date of birth;

(C) if the territory from which signatures must be obtained is

situated in more than one county, the county of registration;

(D) the signer's residence address; and

(E) the date of signing; and

(2) complies with any other applicable requirements prescribed

by law.

(c) The use of ditto marks or abbreviations does not invalidate

a signature if the required information is reasonably

ascertainable.

(d) The omission of the state from the signer's residence

address does not invalidate a signature unless the political

subdivision from which the signature is obtained is situated in

more than one state. The omission of the zip code from the

address does not invalidate a signature.

(e) The signature is the only entry on the petition that is

required to be in the signer's handwriting.

(f) A signer may withdraw the signer's signature by deleting the

signature from the petition or by filing with the voter registrar

an affidavit requesting that the signature be withdrawn from the

petition. A signer may not withdraw the signature from a

petition on or after the date the petition is received by the

registrar. A withdrawal affidavit filed by mail is considered to

be filed at the time of its receipt by the registrar. The

withdrawal of a signature nullifies the signature on the petition

and places the signer in the same position as if the signer had

not signed the petition.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.032. REQUIREMENTS TO ORDER ELECTION. (a) The

commissioners court, at its next regular session on or after the

30th day after the date the petition is filed, shall order a

local option election to be held on the issue set out in the

petition if the petition is filed with the voter registrar not

later than the 60th day after the date the petition is issued and

bears the actual signatures of a number of qualified voters of

the political subdivision equal to at least:

(1) 35 percent of the registered voters in the subdivision who

voted in the most recent gubernatorial election for a ballot

issue that permits voting for or against:

(A) "The legal sale of all alcoholic beverages for off-premise

consumption only.";

(B) "The legal sale of all alcoholic beverages except mixed

beverages.";

(C) "The legal sale of all alcoholic beverages including mixed

beverages."; or

(D) "The legal sale of mixed beverages.";

(2) 25 percent of the registered voters in the political

subdivision who voted in the most recent general election for a

ballot issue that permits voting for or against "The legal sale

of wine on the premises of a holder of a winery permit."; or

(3) 35 percent of the registered voters in the political

subdivision who voted in the most recent gubernatorial election

for an election on any other ballot issue.

(b) Voters whose names appear on the list of registered voters

with the notation "S," or a similar notation, shall be excluded

from the computation of the number of registered voters of a

particular territory.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 5.002(a), eff. September 1, 2007.

Sec. 501.033. RECORD IN MINUTES. The date a petition is

presented, the names of the signers, and the action taken with

respect to the petition shall be entered in the minutes of the

commissioners court.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.034. ISSUES TO APPEAR IN ORDER FOR ELECTION. (a) The

election order must state in its heading and text whether the

local option election to be held is for the purpose of

prohibiting or legalizing the sale of the alcoholic beverages set

out in the issue recited in the application and petition.

(b) The order must state the issue to be voted on in the

election.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.035. ISSUES. (a) In the ballot issues prescribed by

this section, "wine" is limited to vinous beverages that do not

contain more than 17 percent alcohol by volume and includes malt

beverages that do not exceed that alcohol content. For local

option purposes, those beverages, sold and dispensed to the

public in unbroken, sealed, individual containers, are a separate

and distinct type of alcoholic beverage.

(b) In an area where any type or classification of alcoholic

beverages is prohibited and the issue submitted pertains to

legalization of the sale of one or more of the prohibited types

or classifications, the ballot shall be prepared to permit voting

for or against the one of the following issues that applies:

(1) "The legal sale of beer for off-premise consumption only."

(2) "The legal sale of beer."

(3) "The legal sale of beer and wine for off-premise consumption

only."

(4) "The legal sale of beer and wine."

(5) "The legal sale of all alcoholic beverages for off-premise

consumption only."

(6) "The legal sale of all alcoholic beverages except mixed

beverages."

(7) "The legal sale of all alcoholic beverages including mixed

beverages."

(8) "The legal sale of mixed beverages."

(9) "The legal sale of mixed beverages in restaurants by food

and beverage certificate holders only."

(10) "The legal sale of wine on the premises of a holder of a

winery permit."

(c) In an area where the sale of any type or classification of

alcoholic beverages has been legalized, the ballot for a

prohibitory election shall be prepared to permit voting for or

against the one of the following issues that applies:

(1) "The legal sale of beer for off-premise consumption only."

(2) "The legal sale of beer."

(3) "The legal sale of beer and wine for off-premise consumption

only."

(4) "The legal sale of beer and wine."

(5) "The legal sale of all alcoholic beverages for off-premise

consumption only."

(6) "The legal sale of all alcoholic beverages except mixed

beverages."

(7) "The legal sale of all alcoholic beverages including mixed

beverages."

(8) "The legal sale of mixed beverages."

(9) "The legal sale of mixed beverages in restaurants by food

and beverage certificate holders only."

(10) "The legal sale of wine on the premises of a holder of a

winery permit."

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1045, Sec. 4,

eff. September 1, 2009.

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1045, Sec. 4,

eff. September 1, 2009.

(f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1045, Sec. 4,

eff. September 1, 2009.

(g) In an area where the sale of a particular type of alcoholic

beverage has been legalized only for off-premise consumption, no

alcoholic beverage may be consumed on any licensed premises and

no type of alcoholic beverage other than the type legalized may

be sold.

(h) Subject to Section 251.81, Alcoholic Beverage Code, a wine

only package store permit may be issued for premises in an area

in which the sale of wine has been legalized by a local option

election under Subsection (b)(3) or (4).

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 5.003(a), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

1045, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1045, Sec. 4, eff. September 1, 2009.

Sec. 501.036. ISSUE ON MIXED BEVERAGES. (a) A local option

election does not affect the sale of mixed beverages unless the

proposition specifically mentions mixed beverages.

(b) In any local option election in which any shade or aspect of

the issue submitted involves the sale of mixed beverages, any

other type or classification of alcoholic beverage that was

legalized before the election remains legal without regard to the

outcome of that election on the question of mixed beverages. If

the sale of mixed beverages by food and beverage certificate

holders was legalized before a local option election on the

general sale of mixed beverages, the sale of mixed beverages in

an establishment that holds a food and beverage certificate

remains legal without regard to the outcome of the election on

the general sale of mixed beverages.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.037. EVIDENCE OF VALIDITY. The commissioners court

election order is prima facie evidence of compliance with all

provisions necessary to give the order validity or to give the

commissioners court jurisdiction to make the order valid.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.038. FREQUENCY OF ELECTIONS. A local option election

on a particular issue may not be held in a political subdivision

until after the first anniversary of the most recent local option

election in that political subdivision on that issue.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

SUBCHAPTER C. HOLDING OF ELECTION

Sec. 501.101. APPLICABILITY OF ELECTION CODE. Except as

provided by this chapter, the officers holding a local option

election shall hold the election in the manner provided by the

other provisions of this code.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.102. ELECTION PRECINCTS. (a) County election

precincts shall be used for a local option election to be held in

an entire county or in a justice precinct.

(b) Election precincts established by the governing body of the

municipality for its municipal elections shall be used for a

local option election to be held in a municipality. If the

governing body has not established precincts for its municipal

elections, the commissioners court shall prescribe the election

precincts for the local option election under the law governing

establishment of precincts for municipal elections.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.103. POLLING PLACES; NOTICE. (a) The election shall

be held at the customary polling place in each election precinct.

If the customary polling place is not available, the

commissioners court shall designate another polling place.

(b) The notice for the election shall state the polling place

for each election precinct and the precinct numbers of county

precincts included in each municipal election precinct if the

election is for a municipality.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.104. NUMBER OF BALLOTS FURNISHED. If the election is

conducted using printed ballots, the county clerk shall furnish

the presiding judge of each election precinct with at least the

number of ballots equal to the number of registered voters in the

precinct plus 10 percent of that number of voters.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.105. ISSUE ON BALLOT. (a) The issue ordered to appear

on the ballot for an election ordered by the commissioners court

must be the same as the issue applied for and set out in the

petition.

(b) The issue appropriate to the election shall be printed on

the ballot in the exact language stated in Section 501.035.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.106. TIME FOR VOTE TALLY. The votes for a local option

election shall be counted and the report of the election

submitted to the commissioners court within 24 hours after the

time the polls close.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.107. COUNTY PAYMENT OF ELECTION EXPENSES. The county

shall pay the expense of holding a local option election

authorized by this chapter in the county, justice precinct, or

municipality in that county except that:

(1) if an election is to be held only within the corporate

limits of a municipality located wholly within the county, the

county may require the municipality to reimburse the county for

all or part of the expenses of holding the local option election;

(2) county payment of the expense of an election to legalize the

sale of alcoholic beverages is limited to the holding of one

election in a political subdivision during a one-year period; and

(3) county payment of the expense of an election to prohibit the

sale of alcoholic beverages is limited to the holding of one

election in a political subdivision during a one-year period.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.108. DEPOSIT REQUIRED FOR CERTAIN ELECTIONS. (a) If a

county is not required to pay the expense of a local option

election under Section 501.107, the county clerk shall require

the applicants for a petition for a local option election to make

a deposit before the issuance of the petition.

(b) The deposit must be in the form of a cashier's check in an

amount equal to 25 cents per voter listed on the current list of

registered voters residing in the county, justice precinct, or

municipality where the election is to be held.

(c) The money received shall be deposited in the county's

general fund. A refund may not be made to the applicants

regardless of whether the petition is returned to the county

clerk or the election is ordered.

(d) The county clerk may not issue a petition to the applicants

unless a deposit required by this chapter is made.

(e) A person who violates Subsection (d) commits an offense. An

offense under this subsection is a misdemeanor punishable by:

(1) a fine of not less than $200 nor more than $500;

(2) confinement in the county jail for not more than 30 days; or

(3) both the fine and confinement.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.109. ELECTION IN CERTAIN MUNICIPALITIES. (a) This

section applies only to an election to permit or prohibit the

legal sale of alcoholic beverages of one or more of the various

types and alcoholic contents in a municipality that is located in

more than one county.

(b) An election to which this section applies shall be conducted

by the municipality instead of the counties. For the purposes of

an election conducted under this section, a reference in this

chapter to:

(1) the county is considered to refer to the municipality;

(2) the commissioners court is considered to refer to the

governing body of the municipality;

(3) the county clerk or voter registrar is considered to refer

to the secretary of the municipality or, if the municipality does

not have a secretary, to the person performing the functions of a

secretary of the municipality; and

(4) the county judge is considered to refer to the mayor of the

municipality or, if the municipality does not have a mayor, to

the presiding officer of the governing body of the municipality.

(c) The municipality shall pay the expense of the election.

(d) An action to contest the election under Section 501.155 may

be brought in the district court of any county in which the

municipality is located.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. PROCEDURE FOLLOWING ELECTION

Sec. 501.151. DECLARATION OF RESULT. (a) On completing the

canvass of the election returns, the commissioners court shall

make an order declaring the result and cause the clerk of the

commissioners court to record the order as provided by law.

(b) In a prohibitory election, if a majority of the votes cast

do not favor the issue "The legal sale...," the court's order

must state that the sale of the type or types of beverages stated

in the issue at the election is prohibited effective on the 30th

day after the date the order is entered. The prohibition remains

in effect until changed by a subsequent local option election

held under this chapter.

(c) In a legalization election, if a majority of the votes cast

favor the issue "The legal sale . . .," the legal sale of the

type or types of beverages stated in the issue at the election is

legal on the entering of the court's order. The legalization

remains in effect until changed by a subsequent local option

election held under this code.

(d) The local option status of a political subdivision does not

change as a result of the election if:

(1) in an election described by Subsection (b), less than a

majority of the votes cast do not favor the issue; and

(2) in an election described by Subsection (c), less than a

majority of the votes cast favor the issue.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.152. ORDER PRIMA FACIE EVIDENCE. The order of the

commissioners court declaring the result of the election is prima

facie evidence that all provisions of law have been complied with

in giving notice of and holding the election, counting and

returning the votes, and declaring the result of the election.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.153. CERTIFICATION OF RESULT. Not later than the third

day after the date the result of a local option election has been

declared, the county clerk shall certify the result to the

secretary of state and the commission. The clerk may not charge

a fee for this service.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.154. POSTING ORDER PROHIBITING SALE. (a) A

commissioners court order declaring the result of a local option

election and prohibiting the sale of any or all types of

alcoholic beverages must be published by posting the order at

three public places in the county or other political subdivision

in which the election was held.

(b) The posting of the order shall be recorded in the minutes of

the commissioners court by the county judge. The entry in the

minutes or a copy certified under the hand and seal of the county

clerk is prima facie evidence of the posting.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.

Sec. 501.155. ELECTION CONTEST. (a) The enforcement of local

option laws in the political subdivision in which an election is

being contested is not suspended during an election contest.

(b) The result of an election contest finally settles all

questions relating to the validity of that election. A person

may not call the legality of that election into question again in

any other suit or proceeding.

(c) If an election contest is not timely instituted, it is

conclusively presumed that the election is valid and binding in

all respects on all courts.

Added by Acts 2005, 79th Leg., Ch.

975, Sec. 1, eff. September 1, 2005.