reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 276 - Miscellaneous Offenses and Other Provisions › Section 276.016. Unlawful Solicitation and Distribution of Application to Vote by Mail

Sec. 276.016.  UNLAWFUL SOLICITATION AND DISTRIBUTION  OF APPLICATION TO VOTE BY MAIL.  (a)  A public official or election official commits an offense if the official, while acting in an official capacity, knowingly:
(1)  solicits the submission of an application to vote by mail from a person who did not request an application;
(2)  distributes an application to vote by mail to a person who did not request the application unless the distribution is expressly authorized by another provision of this code;
(3)  authorizes or approves the expenditure of public funds to facilitate third-party distribution of an application to vote by mail to a person who did not request the application; or
(4)  completes any portion of an application to vote by mail and distributes the application to an applicant.
(b)  An offense under this section is a state jail felony.
(c)  Subsection (a)(2) does not apply if the public official or election official engaged in the conduct described by Subsection (a)(2) by providing access to an application to vote by mail from a publicly accessible Internet website.
(d)  Subsection (a)(4) does not apply if the public official or election official engaged in the conduct described by Subsection (a)(4) while lawfully assisting the applicant under Section 84.003.
(e)  Subsection (a) does not apply if the public official or election official:
(1)  provided general information about voting by mail, the vote by mail process, or the timelines associated with voting to a person or the public; or
(2)  engaged in the conduct described by Subsection (a) while acting in the official's capacity as a candidate for a public elective office.
(f)  The remedy provided under this chapter is cumulative, and does not restrict any other remedies provided by this code or by law.  A violation of this section is subject to injunctive relief or mandamus as provided by this code.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.04, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 276 - Miscellaneous Offenses and Other Provisions › Section 276.017. Unlawful Distribution of Early Voting Ballots and Balloting Materials

Sec. 276.017.  UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS AND BALLOTING MATERIALS.  (a)  The early voting clerk or other election official commits an offense if the clerk or official knowingly mails or otherwise provides an early voting ballot by mail or other early voting by mail ballot materials to a person who the clerk or official knows did not submit an application for a ballot to be voted by mail under Section 84.001.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.04, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 276 - Miscellaneous Offenses and Other Provisions › Section 276.018. Perjury in Connection With Certain Election Procedures

Sec. 276.018.  PERJURY IN CONNECTION WITH CERTAIN ELECTION PROCEDURES.  (a) A person commits an offense if, with the intent to deceive, the person knowingly or intentionally makes a false statement or swears to the truth of a false statement:
(1)  on a voter registration application; or
(2)  previously made while making an oath, declaration, or affidavit described by this code.
(b)  An offense under this section is a state jail felony.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.04, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 276 - Miscellaneous Offenses and Other Provisions › Section 276.019. Unlawful Altering of Election Procedures

Sec. 276.019.  UNLAWFUL ALTERING OF ELECTION PROCEDURES.  A public official or election official may not create, alter, modify, waive, or suspend any election standard, practice, or procedure mandated by law or rule in a manner not expressly authorized by this code.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 7.04, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 277 - Petition Prescribed by Law Outside Code › Section 277.001. Applicability of Chapter

Sec. 277.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a petition authorized or required to be filed under a law outside this code in connection with an election.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 16(c), eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 81, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 25, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 277 - Petition Prescribed by Law Outside Code › Section 277.002. Validity of Petition Signatures

Sec. 277.002.  VALIDITY OF PETITION SIGNATURES.  (a)  For a petition signature to be valid, a petition must:
(1)  contain in addition to the signature:
(A)  the signer's printed name;
(B)  the signer's:
(i)  date of birth; or
(ii)  voter registration number and, if the territory from which signatures must be obtained is situated in more than one county, the county of registration;
(C)  the signer's residence address; and
(D)  the date of signing; and
(2)  comply with any other applicable requirements prescribed by law.
(b)  The signature is the only information that is required to appear on the petition in the signer's own handwriting.
(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)  A petition signature is invalid if the signer signed the petition earlier than the 180th day before the date the petition is filed.
(f)  The signer's residence address and the address listed on the signer's registration are not required to be the same if the signer is eligible to vote under Section 11.004 or 112.002.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 16(c), eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 82, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1349, Sec. 73, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1316, Sec. 43, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.25(a), eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 97, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 277 - Petition Prescribed by Law Outside Code › Section 277.0021. Meaning of Qualified Voter

Sec. 277.0021.  MEANING OF QUALIFIED VOTER.  A reference in a law outside this code to "qualified voter" in the context of eligibility to sign a petition means "registered voter."
Added by Acts 1989, 71st leg., ch. 483, Sec. 1 , eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 277 - Petition Prescribed by Law Outside Code › Section 277.0022. Withdrawal of Signature

Sec. 277.0022.  WITHDRAWAL OF SIGNATURE.  (a)  A signer may not withdraw the signature from a petition on or after the date the petition is received by the authority with whom it is required to be filed.  Before that date, a signer may withdraw the signature by deleting the signature from the petition or by filing with the authority with whom the petition is required to be filed an affidavit requesting that the signature be withdrawn from the petition.
(b)  A withdrawal affidavit filed by mail is considered to be filed at the time of its receipt by the appropriate authority.
(c)  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 1993, 73rd Leg., ch. 728, Sec. 83, eff. Sept. 1, 1993.
Sec. 277.0023.  SUPPLEMENTING PETITION.  (a)  Except as provided by Subsection (b), a petition may not be supplemented, modified, or amended on or after the date it is received by the authority with whom it is required to be filed unless expressly authorized by law.
(b)  If a petition is required to be filed by a specified deadline, the petitioner may file one supplementary petition by that deadline if the original petition contains a number of signatures that exceeds the required minimum number by 10 percent or more and is received by the authority with whom it is required to be filed not later than the 10th day before the date of the deadline.  The authority shall notify the petitioner as to the sufficiency of the petition not later than the fifth regular business day after the date of its receipt.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 83, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 277 - Petition Prescribed by Law Outside Code › Section 277.0024. Computing Number of Signatures

Sec. 277.0024.  COMPUTING NUMBER OF SIGNATURES.  (a)  Except as provided by Subsection (b), if the minimum number of signatures required for a petition is determined by a computation applied to the number of registered voters of a particular territory, voters whose names appear on the list of registered voters with the notation "S", or a similar notation, shall be excluded from the computation.
(b)  The signature of a voter whose name appears on the list of registered voters with the notation "S", or a similar notation, is considered valid if the voter:
(1)  is otherwise eligible to vote in the territory; and
(2)  provides a residence address located in the territory.
Added by Acts 1995, 74th Leg., ch. 797, Sec. 43, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 98, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 277 - Petition Prescribed by Law Outside Code › Section 277.003. Verifying Signatures by Statistical Sample

Sec. 277.003.  VERIFYING SIGNATURES BY STATISTICAL SAMPLE.  If a petition contains more than 1,000 signatures, the city secretary or other authority responsible for verifying the signatures may use any reasonable statistical sampling method in determining whether the petition contains the required number of valid signatures, except that the sample may not be less than 25 percent of the total number of signatures appearing on the petition or 1,000, whichever is greater.  If the signatures on a petition circulated on a statewide basis are to be verified by the secretary of state, the sample prescribed by Section 141.069 applies to the petition rather than the sample prescribed by this section.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 16(c), eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 277 - Petition Prescribed by Law Outside Code › Section 277.004. Effect of City Charter or Ordinance

Sec. 277.004.  EFFECT OF CITY CHARTER OR ORDINANCE.  Any requirements for the validity or verification of petition signatures in addition to those prescribed by this chapter that are prescribed by a home-rule city charter provision or a city ordinance are effective only if the charter provision or ordinance was in effect September 1, 1985.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 16(c), eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 278 - Voter Information Guide for Judicial Elections › Section 278.001. Applicability of Chapter

Sec. 278.001.  APPLICABILITY OF CHAPTER.  This chapter applies to each candidate whose name is to appear on the ballot or a list of declared write-in candidates in a judicial election.
Added by Acts 2001, 77th Leg., ch. 1285, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 278 - Voter Information Guide for Judicial Elections › Section 278.002. Internet Voter Information Guide

Sec. 278.002.  INTERNET VOTER INFORMATION GUIDE.  The secretary of state may implement a voter information service program to:
(1)  compile information on candidates for election in the form of a voter information guide;  and
(2)  make the guide available to the public on the Internet.
Added by Acts 2001, 77th Leg., ch. 1285, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 278 - Voter Information Guide for Judicial Elections › Section 278.003. Statement Filed by Candidate

Sec. 278.003.  STATEMENT FILED BY CANDIDATE.  If the secretary of state implements a voter information service program, a candidate may file with the secretary not later than the 70th day before the date of the judicial election an informational statement, on a form prescribed by the secretary, to be included in the voter information guide for that election.
Added by Acts 2001, 77th Leg., ch. 1285, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 278 - Voter Information Guide for Judicial Elections › Section 278.004. Statement Requirements

Sec. 278.004.  STATEMENT REQUIREMENTS.  (a)  A candidate's statement must include a summary of the following information:
(1)  current occupation;
(2)  educational and occupational background;
(3)  biographical information;  and
(4)  any previous experience serving in government.
(b)  The secretary of state may prescribe the format and length of the candidate's statement.
Added by Acts 2001, 77th Leg., ch. 1285, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 278 - Voter Information Guide for Judicial Elections › Section 278.005. Review by Secretary of State

Sec. 278.005.  REVIEW BY SECRETARY OF STATE.  (a)  Not later than the fifth day after the date the candidate's statement is received, the secretary of state may review the statement to determine whether it complies with this chapter.
(b)  If the secretary of state determines that the statement does not comply with the applicable requirements, the secretary may reject the statement and deliver written notice of the reason for the rejection to the candidate not later than the second day after the date of rejection.
(c)  A candidate whose statement is rejected may resubmit the statement subject to the prescribed deadline.
Added by Acts 2001, 77th Leg., ch. 1285, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 278 - Voter Information Guide for Judicial Elections › Section 278.006. Preparation of Guide

Sec. 278.006.  PREPARATION OF GUIDE.  (a)  The secretary of state may contract for the preparation of the voter information guide after soliciting bids for that work.  The secretary may prepare the guide if the secretary determines that the costs of that preparation are less than or equal to the most reasonable bid submitted.
(b)  The voter information guide must include the candidates' statements that comply with this chapter, with candidates for election and write-in candidates for election as separate groups.  The order of the candidates' names within the groups is determined by a drawing conducted by the secretary of state.
(c)  The secretary of state may prescribe appropriate explanatory material to be included in the voter information guide to assist the voters, including a statement that the guide may be used at the polls to assist the voters in marking their ballots.
Added by Acts 2001, 77th Leg., ch. 1285, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 278 - Voter Information Guide for Judicial Elections › Section 278.007. Availability of Guide

Sec. 278.007.  AVAILABILITY OF GUIDE.  If the secretary of state implements a voter information service program, the secretary may make the voter information guide available to the public on the Internet not later than the 45th day before the date of each judicial election.
Added by Acts 2001, 77th Leg., ch. 1285, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 278 - Voter Information Guide for Judicial Elections › Section 278.008. Additional Procedures

Sec. 278.008.  ADDITIONAL PROCEDURES.  The secretary of state may prescribe any additional procedures necessary to implement this chapter.
Added by Acts 2001, 77th Leg., ch. 1285, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 279 - Cybersecurity of Election Systems › Section 279.001. Definitions

Sec. 279.001.  DEFINITIONS.  In this chapter:
(1)  "County election officer" means an individual employed by a county as an elections administrator, voter registrar, county clerk, or other officer with responsibilities relating to the administration of elections.
(2)  "Election data" means information that is created or managed in the operation of an election system.
(3)  "Election system" means a voting system and the technology used to support the conduct of an election, including the election data processed or produced in the course of conducting an election, such as voter registration information, ballot information, collected and tabulated votes, election management processes and procedures, and other election-related documents and election data.
Added by Acts 2019, 86th Leg., R.S., Ch. 1069 (H.B. 1421), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 279 - Cybersecurity of Election Systems › Section 279.002. Election Cybersecurity: Secretary of State

Sec. 279.002.  ELECTION CYBERSECURITY: SECRETARY OF STATE.  (a)  The secretary of state shall adopt rules defining classes of protected election data and establishing best practices for identifying and reducing risk to the electronic use, storage, and transmission of election data and the security of election systems.
(b)  The secretary of state shall offer training on best practices:
(1)  on an annual basis, to all appropriate personnel in the secretary of state's office; and
(2)  on request, to county election officers in this state.
(c)  If the secretary of state becomes aware of a breach of cybersecurity that impacts election data, the secretary shall immediately notify the members of the standing committees of each house of the legislature with jurisdiction over elections.
Added by Acts 2019, 86th Leg., R.S., Ch. 1069 (H.B. 1421), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 16 - Miscellaneous Provisions › Chapter 279 - Cybersecurity of Election Systems › Section 279.003. Election Cybersecurity: County Election Officers

Sec. 279.003.  ELECTION CYBERSECURITY: COUNTY ELECTION OFFICERS.  (a)  A county election officer shall annually request training on cybersecurity from the secretary of state.  The secretary of state shall pay the costs associated with the training with available state funds.
(b)  A county election officer shall request an assessment of the cybersecurity of the county's election system from a provider of cybersecurity assessments if the secretary of state recommends an assessment and the necessary funds are available.
(c)  If a county election officer becomes aware of a breach of cybersecurity that impacts election data, the officer shall immediately notify the secretary of state.
(d)  To the extent that state funds are available for the purpose, a county election officer shall implement cybersecurity measures to ensure that all devices with access to election data comply to the highest extent possible with rules adopted by the secretary of state under Section 279.002.
Added by Acts 2019, 86th Leg., R.S., Ch. 1069 (H.B. 1421), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter A. General Provisions › Section 501.001. Definitions

Sec. 501.001.  DEFINITIONS.  In this chapter:
(1)  "Alcoholic beverage," "commission," "liquor," "malt beverage," "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.
(4)  "Political subdivision" includes a justice precinct.
Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 41, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 388, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter A. General Provisions › Section 501.002. References in Other Law

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter A. General Provisions › Section 501.003. Enforcement

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.021. Election to Be Held by Petition

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 778 (S.B. 1034), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.022. Qualifications for New Political Subdivision to Hold Election

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.023. Application for Petition

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 of notice 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. The notice must 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 political subdivision in which the petition will be circulated; and
(4)  the name and title of the person with whom the application will be filed.
(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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 42, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.024. Heading, Statement, and Issue on Application for Petition to Prohibit

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.025. Heading, Statement, and Issue on Application for Petition to Legalize

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.026. Petition Requirements

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.027. Heading and Statement on Petition to Prohibit

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.028. Heading and Statement on Petition to Legalize

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.029. Offense: Misrepresentation of Petition

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.030. Copies of Petition

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.031. Verification of Petition

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.032. Requirements to Order Election

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 5.002(a), eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.033. Record in Minutes

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.034. Issues to Appear in Order for Election

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.036. Issue on Mixed Beverages

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.037. Evidence of Validity

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter B. Manner of Calling Election › Section 501.038. Frequency of Elections

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.101. Applicability of Election Code

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.102. Election Precincts

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.103. Polling Places; Notice

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.1035. Election in Territory Annexed by Municipality

Sec. 501.1035.  ELECTION IN TERRITORY ANNEXED BY MUNICIPALITY.  A municipality that includes an area annexed to the municipality on or after the date on which a petition requesting a local option election in the municipality is filed may hold the election in the municipality only if the petition contains a sufficient number of signatures to meet the requirements of Section 501.032, based on the number of qualified voters in the municipality, including the annexed area.  The qualified voters of the annexed area must be allowed to vote in the local option election.  The results of the election shall determine the local option status of the municipality, including the annexed area.
Added by Acts 2011, 82nd Leg., R.S., Ch. 500 (H.B. 1401), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.104. Number of Ballots Furnished

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.105. Issue on Ballot

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.106. Time for Vote Tally

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.107. County Payment of Election Expenses

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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 17 - Local Option Elections › Chapter 501 - Local Option Elections on Sale of Alcoholic Beverages › Subchapter C. Holding of Election › Section 501.108. Deposit Required for Certain Elections

Sec. 501.108.  DEPOSIT REQUIRED FOR CERTAIN ELECTIONS.  (a)  If a county is not required to pay the initial expense, regardless of any authority to receive reimbursement, 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 (H.B. 1799), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 43, eff. September 1, 2011.