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Local Option Liquor Elections - Questions and Answers

Please note that the Texas Legislature has approved a non-substantive reorganization of the material relating to local option liquor elections. Pursuant to the Act of May 27, 2005, 79th Leg. R.S., H.B. 1799 (2005), Subchapters A, B, and C of Chapter 251, Texas Alcoholic Beverage Code has been repealed and recodified as Chapter 501, Texas Election Code, effective September 1, 2005.

This outline summarizes Texas local option liquor election law as currently codified. We have made every effort to insure the accuracy of this summary outline, but this material cannot substitute for the statutory source material and relevant interpretive case law and administrative regulations. All references are to the Texas Election Code unless otherwise noted.

Article XVI, Section 20 of the Texas Constitution; Chapter 501, Texas Election Code; and Chapter 251, Texas Alcoholic Beverage Code are specific to local option liquor elections. For historical and public policy reasons, the procedures for these elections differ in many respects from the procedures applied to other petitions and elections. You should not extrapolate or apply the procedures explained here to any other type of petition or election.

  1. Overview of Texas laws relating to the sale or prohibition of liquor

Texas local option liquor elections have been a fixture of the Texas constitution since 1891 (see Article XVI, Section 20, cited above), but regained significance when Prohibition was repealed on December 5, 1933 (per the ratification of the 21st Amendment, U.S. Constitution). When Prohibition ended, Texas political subdivisions were generally "dry" by default, meaning that the sale of liquor was prohibited. State law specified once again that legalization of liquor sales reverted to a local determination by a petition-driven election process.

Counties, cities, and justice of the peace precincts are generally "dry" except where the voters have approved the sale of liquor (or with respect to wineries). Local option liquor elections may also be held to prohibit the sale of alcohol in formerly "wet" political subdivisions.

Special Note: In 2003, Texas voters approved an amendment to Article XVI, Section 20 of the Texas Constitution. All Texas wineries are now authorized to operate, sell wine for on-premise and off-premise consumption, and conduct wine tasting. In contrast with other entities, wineries are exempt from the "wet" or "dry" status of the political subdivisions in which they are located. Tex. Const. Art. XVI, § 20(d) (adopted September 13, 2003).

  1. Political subdivisions in which local option elections occur

    1. What political subdivisions qualify to exercise local option? [Secs. 501.021, 501.109].

      1. Counties,

      2. Justice of the peace precincts, and

      3. Municipalities

    2. May a local option liquor election be held in only part of a justice precinct which is part wet and part dry?

      No. See Patton v. Texas Liquor Control Board, 293 S.W.2d 99 (Tex. Civ. App.--Austin 1956, writ ref’d n.r.e.).

    3. If a justice precinct establishes a local option liquor status and its boundaries subsequently have changed, must an election to change the status of the area encompassed by the former justice precinct's boundaries be held in that area? [Sec. 251.80, Texas Alcoholic Beverage Code].

      Yes. Sec. 251.80 of the Texas Alcoholic Beverage Code provides:

      Whenever a local option status is once legally put into effect as the result of the vote in a justice precinct, such status shall remain in effect until the status is changed as the result of a vote in the same territory that comprised the [justice] precinct when such status was established. If the boundaries of the justice precinct have changed since such status was established, the commissioners court shall, for purposes of a local option election, define the boundaries of the original precinct . . . . (Emphasis added.)

      The Attorney General has opined that:

      Section 251.80 of the Texas Alcoholic Beverage Code does not violate the requirement of article XVI, section 20(b), of the Texas Constitution that local option liquor elections be held in certain authorized voting units. Section 251.80 of the Alcoholic Beverage Code is not inconsistent with other provisions of that code. Attorney General’s Opinion H-515 (1975) [holding that an election to change the local option status of a justice precinct whose boundaries have been changed is to be held in the newly-formed and currently existing precinct] is overruled.

      Op. Tex. Att’y Gen. JM-1177 (1990), at 5.

      Section 251.80 of the Texas Alcoholic Beverage Code is constitutional and does not conflict with the language in Article XVI, Section 20(b) of the Texas Constitution. When justice precinct boundaries have changed, the only way in which the prior "wet" or "dry" status of the old parts of the precinct justice precinct that had established a local option status is to hold a local option election in a territory large enough to encompass the territory that comprised the justice precinct when the local option status was established.

      Op. Tex. Att’y Gen. JM-1177 further states, "We think it is important to point out that this opinion does not consider whether any other statutory system that the legislature may adopt in the future would necessarily run afoul of the constitutional provision . . . . [T]he legislature’s authority to prescribe a statutory framework for local option elections is broad." Id.

    4. Can an election be held in a justice precinct as it is currently constituted?

      Yes, provided that neither the justice precinct, nor any portion of the justice precinct, has previously adopted a local option liquor status in an election based on different boundary lines.

    5. What if no maps, plans, commissioners court minutes, or metes and bounds of the former justice precinct are available? How can an election be held in such a non-specific location?

      As the court stated in Coker v. Texas Alcoholic Beverage Commission, 542 S.W.2d 570, 579 (Tex. Civ. App.--Dallas 1975, writ ref'd n.r.e.), and pursuant to Section 251.71 of the Texas Alcoholic Beverage Code, the commissioners court has the responsibility to call the election, and we see no reason why it could not protect all interested persons by drawing a line approximating the original boundaries. The Commissioners Court determination of the boundaries would not be exercised under its general power to fix precinct boundaries, but would be an administrative determination incidental to its power to order an election, and would control unless clearly erroneous or arbitrary.

      If no definitive lines of the former justice precinct are available, they can be established by the commissioners court for the election. [Sec. 251.80(a), Texas Alcoholic Beverage Code]

    6. How long must a political subdivision be in existence before it qualifies to exercise local option? [Sec. 501.022]

      A political subdivision must have been in existence at least 18 months before holding a local option election to legalize or prohibit the sale of liquor. The political subdivision must include substantially all the area encompassed by the subdivision at time of its creation and may include any other area subsequently legally annexed by or added to the political subdivision.

  2. Application

    1. Is it necessary to apply for a petition? [Sec. 501.023]

      Yes. Before the county clerk, elections administrator can issue a petition to gather signatures, the petitioners must first apply for the petition.

    2. How is an application for a petition made? [Sec. 501.023, 501.024, 501.025]

      1. Application: An application for a petition is made by written application by 10 or more qualified voters of the territory to be covered by the election. A "qualified voter" is a registered voter. The heading and statement required to be on the application are set out in Sections 501.024 and 501.025. The requirements for an application should not be confused with the requirements for a petition. The Election Code simply requires that the application be in writing and bear the signatures of 10 voters. The additional information required on a petition (i.e., address, date of birth) is not necessary for an application. An application form need not be supplied by the county clerk, elections administrator, or city or town secretary. Any application which complies with the requirements of either Sections 501.024 or 501.025 is sufficient. Application forms are available from private printers; if the political subdivision decides to supply them to applicants, then the forms are required to be bilingual for the majority of Texas counties, cities or towns.

      2. Notice of Publication: When an application for a petition is filed, the petitioners must also provide proof of publication in a newspaper of general circulation. The only requirements that the Legislature provided for in Chapter 501 regarding this notice is that it must be published in a newspaper of general circulation in the political subdivision in which the petitions will be circulated. However, the Secretary of State and the Texas Alcoholic Beverage Commission recommend that the notice of publication include:

        1. The individual or entity that is applying for the petition to gather signatures for a local option liquor election;

        2. The type of local option liquor election;

        3. The name of the territory (e.g., county, justice precinct, city) in which the petition will be circulated; and

        4. The name of the person and office in which the application will be filed.


      Note: there is not a specified number of times that this notice must appear in the newspaper; therefore, the notice must be published at least once.

  3. Petition

After the application has been approved, the county clerk, elections administrator, or city or town secretary, as applicable, will provide blank petition pages to the petitioners. The Secretary of State and the Texas Alcoholic Beverage Commission must be notified, in writing, by the county clerk, elections administrator, or city secretary, as applicable, of when petitions to gather signatures have been issued by the 5th day after the issuance.

  1. What is required to be on (each page) of the petition? [Secs. 501.027, 501.028]

    Each page must contain:

    The heading and statement (Sec. 501.027, 501.028);

    The type of liquor election (Sec. 501.035);

    The pages have to be serially numbered (Sec. 501.026);

    The actual seal of county clerk (Sec. 501.026); and

    The date the petition is issued to petitioners (Sec. 501.026).

  1. Does the petition have to be in Spanish? [Secs 501.035, 501.109]

Sections 501.035 and 501.109 set out the issues to be voted on. The petition must state one and only one of these issues. The following are Spanish translations of the issues set out in Sections 501.035 and 501.109. These translations may be used in preparing both petitions and ballots for elections in the majority of Texas’ counties, cities or towns.

  1. "The legal sale of beer for off-premise consumption only."
    "La venta legal de cerveza para consumo solamente fuera del establecimiento."

  2. "The legal sale of beer."
    "La venta legal de cerveza."

  3. "The legal sale of beer and wine for off-premise consumption only."
    "La venta legal de cerveza y vino para consumo solamente fuera del establecimiento."

  4. "The legal sale of beer and wine."
    "La venta legal de cerveza y vino."

  5. "The legal sale of all alcoholic beverages for off-premise consumption only."
    "La venta legal de todas bebidas alcohólicas para consumo solamente fuera del establecimiento."

  6. "The legal sale of all alcoholic beverage except mixed beverages."
    "La venta legal de todas bebidas alcohólicas con exclusión de bebidas mixtas."

  7. "The legal sale of all alcoholic beverages including mixed beverages."
    "La venta legal de todas bebidas alcohólicas incluyendo bebidas mixtas."

  8. "The legal sale of mixed beverages."
    "La venta legal de bebidas mixtas."

  9. "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only."
    "La venta legal de bebidas alcohólicas mezcladas (cocteles) en restaurantes sólo por los poseedores de un certificado de comidas y bebidas."

  10. "The legal sale of wine on the premises of a holder of a winery permit."
    "La venta legal de vino en establecimientos que pertenecen a poseedores de un certificado de vinería."
  1. How many copies of the petition must be supplied? [Sec. 501.023]

    As many as requested, but the county, city or town is not required to provide more than one page for every 10 registered voters in the political subdivision to be covered by the election.
  2. How many signatures are needed for a valid local option liquor petition? [Sec. 501.032]

    Section 501.032 provides that the number of required signatures depends on the category of local option liquor election the petitioners are seeking. The number of signatures required to be on a petition is equal to or greater than:

    1. 35 percent of the registered voters who voted in the last gubernatorial election within the political subdivision for a ballot issue that permits voting for or against:

      1. "The legal sale of all alcoholic beverages for off-premise consumption only;"

      2. "The legal sale of all alcoholic beverages except mixed beverages;"

      3. "The legal sale of all alcoholic beverages including mixed beverages;" or

      4. "The legal sale of mixed beverages."


        NOTE: Section 501.032 has been amended (without reference to the repeal and recodification of Subchapter A, Chapter 251 by House Bill 1799) to provide that signatures equal to only 35 percent of the registered voters who voted in the last gubernatorial election within the political subdivision are needed for the four legalization issues described above. See Act of May 27, 2005, 79th Leg. R.S., S.B. 1626 (2005), effective June 17, 2005

    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."

    3. 35 percent of the registered voters in the subdivision who voted in the most recent gubernatorial election for an election on any other ballot issue.

  3. Are "Suspense List" voters included in the total numbers of signatures required for a valid petition? [Sec. 501.032]

    No. "Suspense List" or "S-List" voters are not included in the total number of signatures.

  4. Who determines the total number of registered voters?

The determination of the total number of registered voters required for purposes of calculating the number of signatures required on a local option liquor petition is made in accordance with the official records of the voter registrar. Although the Code does not provide a definition of the current list of registered voters, our office contends that the current list used for verifying signatures should be the official list which exists on the date that the petitions were issued to the petitioners.

  1. What constitutes a valid signature? [Sec. 501.031]

    1. No signature may be counted unless the signatures:

      1. contain, in addition to the signature:

        1. the signer's printed name;

        2. the signer's date of birth;

        3. if the territory from which signatures must be obtained is situated in more than one county, the county of registration;

        4. the signer's residence address; and

        5. the date of signing;

      2. comply with any other applicable requirements prescribed by law.

    2. The signature is the only requirement that must be in the signer’s own handwriting.

  2. Are the signature requirements mandatory?

    Yes. Texas Attorney General Opinion JM-501 provides that the petition signature requirements of the Code are mandatory and there is no authority to waive these requirements. Id. § 501.031; Op. Tex. Att’y Gen. No. JM-501 (1986).

  3. May a name be removed from a petition through the use of an affidavit? [Sec. 501.031].

    Yes. A local option liquor petition signature may be withdrawn by filing a written affidavit requesting the removal with the voter registrar, elections administrator, or city or town secretary, as applicable. The withdrawal affidavit must be filed before the completed petition has been filed. A withdrawal request submitted by mail is considered to be filed at the time it has been received by the filing authority. A valid and timely-filed withdrawal affidavit acts as if the signer never signed the petition.

  4. Who is a registered voter for purpose of signing a local option liquor petition? [Secs. 13.143, 501.031]

    On the date the petition is issued, a signer must have an effective voter registration as of that date in the political subdivision (i.e., territory) in which the petition is being circulated.

  5. What constitutes a valid residence address?

    The Secretary of State's office has expressed the opinion that it is legally sufficient for a petitioner who does not have a street address to use either his rural route or post office box address as his or her residence address on a petition for a local option liquor election. However, if a petitioner in fact has a street address, he or she must use it and not a business street address, or a post office box address as his or her residence address on the petition.

  6. Is the voter’s registration valid if he or she has moved within the city but has not updated his or her voter registration record?

The Code does not require the residence provided on the petition to be identical to the one listed on the official voter registration list provided to the county, city or town for conducting the election, as applicable; however, the person must be eligible to vote within the incorporated county’s, city’s or town’s boundaries. Accordingly, if the voter lists a different address from the address at which he or she is registered, the signature is valid as long as the address is still within the county, justice precinct, city or town, as applicable.

  1. Does the address on the petition have to list the state or zip code in order to a valid address for the purpose of signing a local option liquor petition? [Sec. 501.031]

No. 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. Also, the bill provides that the omission of the zip code from the address does not invalidate a signature.

  1. Do ditto marks or abbreviations invalidate a local option liquor petition signature? [Sec. 501.031]

No. The use of ditto marks or abbreviations on a petition does not invalidate a signature so long as the required information is reasonably ascertainable.

  1. How long may a petition be circulated? [Sec. 501.032]

A petition must be filed no later than 60 days after it is issued. If the 60th day after the petition is issued falls on a Saturday, Sunday, or legal holiday, the petition may be timely filed on the next regular business day.

  1. Is it a crime to misrepresent the purpose or effect of a local option liquor petition? [Sec. 501.029]

Yes. It is a Class B misdemeanor to misrepresent a local option liquor petition.

  1. To whom is a completed petition to be submitted? [Sec. 501.032]

Petitions are to be submitted to the county voter registrar; in counties that have an elections administrator, petitions are submitted to the administrator. For a city that is located in more than one county, the petitions are filed with the city or town secretary.

  1. Who is responsible for verifying the signatures on the petition? [Sec. 501.031]

Generally, the county voter registrar is responsible for verifying petition signatures. In counties which have an elections administrator, petitions are verified by the administrator. If the city or town is located in more than one county, the city or town secretary is responsible for verifying the signatures. (Sec. 501.031).

  1. Can a statistical sampling method be used when verifying a local option liquor petition? [Sec. 501.031]

Yes. The political subdivision may choose to use a statistical sampling method when verifying petition signatures. A citizen from the political subdivision in which the petition is being circulated may file a written request that each signature be verified. The citizen making the request is responsible for the cost of verifying each signature. If a valid request is made, the voter registrar, elections administrator, or city or town secretary, as applicable, shall verify each signature.

  1. If the petition is not valid, does it still have to be presented to the commissioners court or city council, as applicable? [Sec. 501.034)]

Yes. Regardless of whether the petition contains the required number of signatures, it must be recorded in the minutes of the commissioners’ court of city council, as applicable. The minutes shall reflect the date a petition is filed with the voter registrar, elections administrator, or city secretary (as applicable), the names of the signers, and the action taken with respect to the petition. Please note that it is the opinion of the Secretary of State that a reference to the signers’ names contained on the petition is sufficient.

  1. Conducting the Local Option Liquor Election
    1. When can a local option liquor election be held? [Sec. 41.001(a)]

      On a uniform election date as described in Section 41.001(a) of the Election Code. The language requiring the election to be ordered for the next uniform election date was repealed in House Bill 1199, 78th Legislative, Regular Session.
    2. Who pays for the election? [Secs. 501.107, 501.108]

      A county pays the up-front costs of local option liquor elections, but may be reimbursed, depending on the election. The county commissioners may agree to pay for one legalization election and one prohibition election in each city and justice precinct within the county, in addition to one county-wide legalization election and one county-wide prohibition election for a one-year period after the first prohibition or legalization has been conducted at the county expense.

      There is never a time in which a county must pay for an election held in an incorporated city or town that is located wholly within one county. If the county decides it will not pay for an election, it is still responsible for the initial cost of holding the election. The county may require a deposit up-front to defray costs before the petition has been issued in a city or town, and then require full reimbursement after the election has been held.

      The deposit:

      1. is nonrefundable;

      2. must be in the form of a cashier’s check;

      3. must total 25 cents per registered voter in the territory in which the election is to be held; and

      4. must be deposited in the county’s general fund.


        The county may at its discretion pay for at least one prohibition and one legalization election held in a city within a one-year time period. For elections held in excess of this limitation, the county clerk must require a deposit as described above. Another exception is that for elections held in a city or town located in more than one county, the city or town pays for the expense for conducting the election.

    3. When must a local option liquor election be ordered? [Secs. 3.005, 501.032]

      Currently, the last day to order a local option liquor election is the 62nd day before election day, although certain election deadlines are expected to change in 2006. The first day the commissioners court or city, as applicable, may order an election is at its next regular session occurring 30 days on or after the petition was filed with the voter registrar, elections administrator, or city secretary, as applicable.

    4. What must be in the election order? [Sec. 501.034]

      • The order must state, both in its heading and text, whether the election is for the purpose of legalizing or prohibiting the sale of beverages as set out in the petition.

      • The order must state the issue to be voted on.

      • The order must state the polling place for each election precinct.

      • If the election is for a city or town, the order must state the precinct numbers of the county election precincts included within each city election precinct. For liquor elections located in more than one county and held at city expense, only the city election precincts need to be stated in the order.

      • The early voting polling places and polling hours shall be stated in the order calling the election.

      • The order must state the county clerk’s, election administrator’s or city or town secretary’s, as applicable, mailing address to which ballot applications and ballots voted by mail may be sent.

    5. How shall the proposition appear on the ballot? [Secs. 501.035, 501.109]

      The permissible ballot propositions are set out in Sections 501.035 and 501.109. The ballot must be bilingual. For Spanish translations of the ballot propositions, see Section IV. B. above.

    6. What notice must be given for a local option liquor election? [Sec. 4.003]

      The notice of a local option liquor election is provided to the public in accordance with the Texas Election Code. The notice must be posted on the bulletin board used for open meetings postings on or before the 21st day before election day. Counties must also provide notice in one of the following manners:
  1. By posting a notice in each election precinct in which the election is to be conducted by the 21st day before election day;

  2. By publishing a notice in a newspaper of general circulation at least once between the 30th and 10th day before election day; or

  3. By mailing a copy of the notice to each registered voter of the territory covered by the election by the 10th day before election day.

  4. This notice must include:

    1. the type and date of the election;

    2. the location of each polling place;

    3. the hours the polls will be open;

    4. the location of the main early voting polling place;

    5. the regular dates and hours for early voting by personal appearance;

    6. the dates and hours of any Saturday or Sunday early voting, if any, and

    7. the early voting clerk’s mailing address.

For Cities that are Located in More than One County: In addition to posting the notice on the bulletin board, the notice must be published in accordance with #2 above.

  1. May election precincts be consolidated in local option liquor election? [Sec. 501.103]

    No. If the election is county-wide or for a justice precinct, the regular county election precincts must be used. The election must be held at the customary polling place in each precinct, if available. If the election is for a city or town, the regular city election precincts must be used.
  2. What about early voting?

The regular rules governing early voting, as set out in the Election Code, apply to early voting in local option liquor elections.

  1. Results of the Local Option Liquor Election

    There are two types of local option liquor elections: prohibition and legalization. The legal result of an election may vary greatly depending on whether it was held for the purpose of legalization or prohibition. Whether an election is for the purpose of prohibition or legalization must be stated in the petition and in the order. It is not, however, stated on the ballot.

    1. What is the effect of a successful legalization election? [Sec. 501.151

      If the proposition passes, the sale of alcoholic beverages as set out in the ballot proposition will be legalized. This legalization will take effect at the time the results of the election are officially canvassed.

      The county clerk or city or town secretary, within three days after the canvass, shall certify the results to the Secretary of State and to the Alcoholic Beverage Commission.

    2. What is the effect of a successful prohibition election? [Secs. 501.151, 501.153]

      If the proposition passes, the sale of alcoholic beverages as set out in the ballot proposition will be prohibited. This prohibition will take effect 30 days after the results of the election are officially canvassed.

      The county clerk or city or town secretary, within three days after the canvass, shall certify the results to the Secretary of State and to the Alcoholic Beverage Commission.

    3. What is the result of an unsuccessful legalization election? [Sec. 501.151(d)]

      An unsuccessful legalization election has no effect on the status of the county, justice precinct, city or town, as applicable, in which the election was held. A city or justice precinct which has adopted no status of its own regarding the legalizing of alcoholic beverages takes on the status of its surrounding territory.

      For example, if a city rejects a legalization proposition and the surrounding justice precinct later approves a legalization proposition, the sale of alcoholic beverages as set out in the proposition will be legalized within the city as well as all other parts of the justice precinct which had no prior local option status.

      The failure of a proposition to legalize the sale of alcoholic beverages has no prohibitory effect.

    4. What is the result of an unsuccessful prohibition election? [Sec. 501.151(d)]

      An unsuccessful prohibition election has no effect on the status of the county, justice precinct, city or town, as applicable, in which the election was held. As above, the failure of a prohibition election cannot serve to legalize the sale of alcoholic beverages in a territory in which they were hitherto prohibited.

    5. How does a county, justice precinct, city or town, as applicable, acquire a local option status regarding the sale of alcoholic beverages?

      A political subdivision of the State of Texas can acquire a local option status regarding the sale of alcoholic beverages only by a vote of the electorate of that political subdivision. A status can only be adopted by a vote against the sale of beverages in a prohibition election or by a vote for the sale of beverages in a legalization election. In other words, the rejection of a proposition either to legalize or to prohibit has no effect upon the status of a political subdivision.

    6. When the results of local option elections held by different types of political subdivisions conflict with regard to the same territory, what status prevails? [Secs. 251.72, 251.73, Texas Alcoholic Beverage Code]

      The status of an area as determined by an election in an incorporated city prevails over a contrary status as determined by a justice precinct or county-wide election. When a justice precinct is wholly contained in an incorporated city, the status of the justice precinct prevails over that of the city. The relative dates of the elections are of no consequence.

      The status of an area as determined by a justice precinct election prevails over the status of an area as determined by a county-wide election. The relative dates of the elections are of no consequence. To the extent that two or more local option elections held at the same voting unit level apply to the same territory, the most recent election prevails.

    7. What effect does the annexation or detachment of territory from a political subdivision have on that territory's local option status?

      The addition of territory to or detachment of territory from a city does not affect the status of the added or detached territory. The change of boundaries of a justice precinct does not affect the status of the territory formerly within the justice precinct.

    8. If a wet city annexes a dry territory, does the election to change the local option status of the newly annexed territory need to be held in the whole city or only in the annexed territory?

      A dry area annexed to a wet city retains its original dry status. Houchins v. Plainos, 110 S.W. 2d 549 (Tex. 1937). To change the annexed area's local option status, a legalization election would have to be held. The legalization election would have to be citywide, since the Election Code allows local option liquor elections to be held in counties, justice precincts, and cities. Tex. Elec. Code Ann. § 501.021 (Vernon Supp. 2006). There is no authority in the "Texas Alcoholic Beverage Code" for a local option election to be limited to part of a city. Tex. Att'y Gen. Op. DM-44 (1991).

    9. If the local option election, as described in question H, is held citywide and voters vote against the legalization, does that affect the wet status of the whole city?

      No. Under Section 501.151(d) of the Code, a failed legalization election does not affect the local option status of the political subdivision. Tex. Elec. Code Ann. § 501.151(d) (Vernon Supp. 2006). If a legalization election is held in a city and the issue does not pass, the city would retain its original wet status, while the newly-annexed area would remain dry.

    10. Is there a limit on the frequency of local option liquor elections? [Sec. 501.038]

      Yes. When one of the issues in Sections 501.035 and 501.109 is presented to the voters of a political subdivision, that identical issue may not be presented to them again until one year has elapsed. The important thing here is the wording on the ballot. The one-year limitation does not affect elections in which a different ballot proposition is presented to the voters.

      See Attorney General’s Opinion No. MW-12 (1979) which held that a ballot proposition presents the same issue as an earlier proposition even if one election is a legalizing election and the other is a prohibitory election.

      This limitation applies only to elections held in the same voting unit. If an issue is submitted to the voters of a justice precinct, for example, the same proposition may be submitted to the voters in a city within the justice precinct before a year has elapsed.