RES 2002-38TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2002-38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REQUESTING REPRESENTATIVE
MARY DENNY TO SPONSOR THE INTRODUCTION AND
PASSAGE OF LEGISLATION WHICH MODIFIES THE
REQUIREMENTS FOR AUTHORIZING THE HOLDING OF A
CITYWIDE LOCAL OPTION ELECTION TO ALLOW A TOWN
LOCATED IN MORE THAN ONE COUNTY THE ABILITY TO
HOLD A LOCAL OPTION ELECTION AND PROVIDING AN
EFFECTIVE DATE.
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, determine 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 town 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 town within more than one county from
holding a local option election regarding all but one entitlement regulated by the TABC; 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, each municipality, by and through their citizens, have the unfettered right
to vote and govern their local affairs under the United States and Texas Constitution with regard
to the sale of alcoholic beverages as every other municipality in the State of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. The Town of Trophy Club, Texas, respectfully requests Representative
Mary Denny to sponsor 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.
PASSED AND APPROVED by the Town Council of/he Town of Troph Club, Texas, this
16th day of December, 2002. ?`f %
1
,_,Mayor
Town of Trophy Club, Texas
ATTEST:
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Town Secretary
Town of Trophy Club, Texas7-1¢
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[SEAL]
C.
APPROVED AS TO FORM: 4
Town Attorney
Town of Trophy Club, Texas
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