Hon. George E. Dowlen Opinion No. M-991
Criminal District Attorney
Randall County Courthouse Re: Whether newly consti-
Canyon, Texas 79015 tuted Justice Precinct
No. 3 qualifies to hold
a local option election
under Section 40-B,
Article 666, Vernon's
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 constitutedJustice Precinct
No. 3, Randall County, qualifies to hold a local op-
tion election under Section &O-B, Article 666, Vernon’s
Penal Code as amended by Sec. 21, S.B. 346, 62nd Legis-
lature, R.S., 1971.
Sec. 21 of Senate Bill 346 amended Article I, Texas Liquor
Control Act (Article666, 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 authorizedunder
Section 40 of Article I of the Texas Liquor Control
Act, any qualifiedpolitical subdivisionholding
such election must have been In existence for at
least eighteen (lo) months. Such political sub-
division, to qualify hereunder, shall include
substantiallyall of the area encompassedbe
such subdivislonat the time of its creation and
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. -
Hon. George E. Dowlen, page 2 (M-991)
may include any and all other areas legally annexed
by or added to such subdivisionsince its creation.
These restrictionsshall not apply to any city or
town that was incorporatedprior to December 1,
1971."
Your letter to us states the followingpertinent facts
and circumstances:
"The residents of the area around Umbarger, an
unincorporatedtown in western Randall County, re-
quested that the Randall County CommissionersCourt
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 accordancewith the Texas
Constitution,the change being effective immediately.
The area encompassedin 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 constitutedJustice Pre-
cinct No. 3 and were filed with the County Clerk on
September 3, 1971. The petitions were presented to
the Randall County CommissionersCourt on September
13, 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 constitutedJustice
Precinct No. 3 of Randall County has not been in existence
for at least ei,ghteen(18) months and does not now Include
any of the area encompassedby the previous Justice,Precinct
No. 3 It is the opinion of this office that Justice Precinct
No. 3 does not qualify under the terms of Section 40-B,
Article ,666, Vernon's Penal Code, to hold a local option
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Hon. George E. Dowlen, page 3 (M-991)
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 constitutedJustice Pre-
cinct No. 3 of Randall County has not been in exist-
ence for at least eighteen (18) months and does not
now include any of the area encompassedby the pre-
vious Justice Precinct No. 3, is a bar to its quali-
fication under Section 40-B, Article 666, Vernon's
Penal Code, to hold a local option election to
legalize the sale of liquor as authorizedunder
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
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