RES 1999-31TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 1999-31
A RESOLUTION OF THE TOWN COUNCIL OF TROPHY
CLUB, TEXAS SUPPORTING THE INTRODUCTION AND
PASSAGE OF LEGISLATION WHICH MODIFIES THE
REQUIREMENTS FOR AUTHORIZING THE HOLDING OF
A CITYWIDE LOCAL OPTION ELECTION TO ALLOW A
CITY LOCATED IN MORE THAN ONE COUNTY THE
ABILITY TO HOLD A LOCAL OPTION ELECTION, AND
ENCOURAGING THE TEXAS MUNICIPAL LEAGUE TO
SUPPORT THIS INITIATIVE.
WHEREAS, approximately 105 cities in the State of Texas are within the jurisdictional
boundaries of more than one County; and
WHEREAS, the Texas Alcoholic Beverage Code governs the holding of local option
elections for citizens to approve or prohibit the sale of alcoholic beverages; and,
WHEREAS, the office of the Attorney General of Texas, through opinion No. JM -468 has
opined that:
• The Texas Constitution, Article XVI, section 20, requires that the Legislature shall enact
a law or laws whereby the qualified voters of any ...incorporated town or city may, by
a majority vote of those voting, detennine from time to time whether the sale of
intoxicating liquors for beverage purposes shall be prohibited or legalized within the
prescribed limits...; and
• The aforementioned section is not self -enacting; and
• The County Commissioners court does not have authority or power to order and direct
a local option election in a city lying partly in two counties; and
WHEREAS, although the Texas Constitution mandates that the legislature shall enact laws
authorizing local option elections in all cities, the current provisions of the Texas Alcoholic
Beverage Code effectively prohibit the citizens of a city within more than one county from holding
a local option election to detennine whether to permit or prohibit the sale of alcoholic beverages; and
WHEREAS, the continuance of the existing statutory provisions create inequities among
Texas cities, granting greater voting rights to cities contained wholly within one county; and
WHEREAS, the Texas Municipal League has consistently opposed legislation that erodes
the authority of municipalities to govern their own local affairs.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
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Section 1. The Town Council of the Town of Trophy Club, Texas supports the
introduction and passage of legislation that would modify the requirements for authorizing a local
option election to allow a municipality in more than one county the ability to hold such an election;
and
Section 2. The Town of Trophy Club, Texas, strongly encourages the delegates of the
Texas Municipal League to concur with the findings of this resolution and approve this or a
similar resolution in support of this initiative, and to include the introduction and passage of
multiple -county voter enabling legislation as a high priority in Texas Municipal League's 2001
legislative program.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on
this the 19th day of October, 1999.
Mayor Pro Tem„ Town of Trophy Club, Texas
AT -Fr -,ST:
1 f
Town Secretary L_
Town of Trophy Chub, Texas
[SEAL]
APPROVED AS TO FORM:
AI
Town Atf ey
Town of Trophy Club, Texas
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