Case Information
*1 Hon. George E. Dowlen Opinion No. M-991 Criminal District Attorney
Randall County Courthouse Re: Whether newly consti- tuted Justice Precinct No. qualifies to hold Canyon, Texas 79015
a local option election under Section 40-B, Penal Code as amended b Sec. 21 Senate Bill 3x6, 62nd legislature, Dear Mr. Dowlen: R.S., 1971.
Your request for an Attorney General's opinion presents the following question rephrased:
Whether the newly constituted Justice Precinct No. 3, Randall County, qualifies to hold a local op- tion election under Section &O-B, Article Vernon’s Penal Code as amended by Sec. 21, S.B. 346, 62nd Legis- lature, R.S., 1971.
Sec. 21 of Senate Bill amended Article I, Texas Liquor Control Act (Article 666, Vernon's Penal Code) by adding a new Section, 40-B, which reads as follows:
"In order to qualify under the terms of this Act to hold a local option election to legalize or prohibit the sale of liquor as authorized under Section 40 of Article I of the Texas Liquor Control Act, any qualified political subdivision holding such election must have been In existence for at least eighteen (lo) months. Such political sub- division, to qualify hereunder, shall include substantially all of the area encompassed be such subdivislon at the time of its creation and *2 . -
Hon. George E. Dowlen, page 2
may include any and all other areas legally annexed by or added to such subdivision since its creation.
These restrictions shall not apply to any city or town that was incorporated prior to December 1, 1971."
Your letter to us states the following pertinent facts and circumstances:
"The residents of the area around Umbarger, an unincorporated town in western Randall County, re- quested that the Randall County Commissioners Court create a justice precinct in that area so that the community could have a local optionelection. On August 30, 1971, the Randall County Commissioners Court switched dormant Justice Precinct No. 3, lo- cated in the southeastern corner of Randall County, to the Umbarger area in accordance with the Texas Constitution, the change being effective immediately. The area encompassed in the newly created precinct does not include an of the area included in the previously dorman + area of Precinct No. 3.
"On September 1, 1971, local option petitions were issued for the newly constituted Justice Pre- 3 and were filed with the County Clerk on September 1971. The petitions were presented to the Randall County Commissioners Court on September 1971, during regular session. The Court did not order an election because of a recent amendment to the Texas Liquor Control Act.
"Randall County is 'dry* and has been since September 22, 1900.
In view of the fact that the newly constituted Justice Precinct No. 3 of Randall County has not been in existence for at least ei,ghteen months and does not now Include any of the area encompassed by the previous Justice,Precinct No. It is the opinion of this office that Justice Precinct No. does not qualify under the terms of Section 40-B, ,666, Vernon's Penal Code, to hold a local option
Hon. George E. Dowlen, page 3
election to legalize or prohibit the sale of liquor as author- ized under Section 40, Article I of the Texas Liquor Control Act.
SUMMARY The fact that the newly constituted Justice Pre- of Randall County has not been in exist- ence for at least eighteen months and does not now include any of the area encompassed by the pre- vious Justice Precinct No. 3, is a bar to its quali- fication under Section 40-B, Article Penal Code, to hold a local option election to legalize the sale of liquor as authorized under Section 40, Article I of the Texas Liquor Control Act.
8 very tru y, ii? k I&-@- neral of Texas Prepared by Guy C. Fisher
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Jay Floyd
Max Hamilton W. 0. Shultz
Harriet Burke
SAM MCDANIEL Staff Legal Assistant
ALFRED WALKER Executive Assistant
NOLA WHITE
First Assistant