The Laws of Texas, 1937-1939 [Volume 31] Page: 38 of 1,313

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1766 GENERAL AND SPECIAL LAWS.
"(i). 'For prohibiting the sale of beer containing alcohol
not exceeding four (4%) per centum by weight,' and 'Against
prohibiting the sale of beer containing alcohol not exceeding
four (4%) per centum by weight.'
"Where more than one issue is submitted on a single ballot no
ballot shall be counted unless the voter shall vote upon each of
the issues appearing on any such ballot; and each such ballot
shall have printed thereon the words 'This ballot will not be
counted unless the voter shall vote upon each of the issues appearing
hereon.'"
SEC. 9. That subsection 2 of Section 23 -(a), Article I, Cha-pter
467, Acts of the Second Called Session of the Forty-fourth
Legislature as amended by Section 31, Article I of. House Bill
No. 5, Acts of the Regular Session of the Forty-fifth Legislature
be amended so that the same shall hereafter read as follows:
"(2). Possession of more than one quart of liquor in a dry
area shall be prima facie evidence that it is possessed for the
purpose of sale."
SEC. 10. That Section 25 (a) of Article I, Chapter 467, Acts
of the Second Called Session of the Forty-fourth Legislature as
enacted by Section 33-25 (a) of House Bill No. 5, Acts of the
Regular Session of the Forty-fifth Legislature be amended so
that the same shall hereafter read as follows:
"Section 25 (a). The Commissioners' Court of any county in
the territory thereof outside incorporated cities and towns and
the governing authorities of any city or town within the corporate
limits of any such city or town may prohibit the sale of
alcoholic beverages by any dealer where the place of business
of any such dealer is within three hundred (300) feet of any
church, public school or public hospital, the measurements to
be along the property lines of the street fronts and from front
door to front door and in direct line across intersection where
they occur.
SEd. 11. That subsection (h) of Section 3, Article II, Chapter
467, Acts of the Second Called Session of the Forty-fourth
Legislature as enacted by Section 49-3 (h), of House Bill No. 5,
Acts of the Regular Session of the Forty-fifth Legislature be
amended so that the same shall hereafter read as follows:
"(h). The holder of a Manufacturer's License or a Distributor's
License shall be authorized to maintain or engage necessary
warehouses, for storage purposes only in areas where the sale
of beer is lawful from which deliveries may be made without
such warehouses being licensed, except when such a warehouse
is a premise to which importations of beer are made from outside
the State. Any warehouse in which sales orders for beer
are taken or money therefor collected shall be deemed a separate
place of business for which a license is required. The sale
and delivery of beer from a truck of a licensed Manufacturer
or Distributor to a licensed retail dealer at the latter's place of

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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1937-1939 [Volume 31], book, 1939; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth18824/m1/38/ocr/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .

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