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RES 2002-39TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2002-39 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REQUESTING SENATOR JANE NELSON 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: Page 1 Section 1. The Town of Trophy Club, Texas, respectfully requests Senator Jane Nelson 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 fhe Town of 16th day of December, 2002. W Town Secretar Town of Trophy Club, Texas Niayor Town of Trophy Club, Texas Town of Trophy Club, Texas ub, Texas, this Page I