Texas Attorney General Opinion: O-1658 Page: 2 of 3
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Hon. 0. Kennedy, page 2
Thus, it is clearly seen that alcoholic beverage
includes liquor, beer, wine and all other alcoholic drinks
containing alcohol of more than one-half of one per cent by
volume.
The proposed petition reads:
"LOCAL OPTION ELECTION PETITION
"TO THE HONORABLE COMMISSIONERS' COURT OF
BEE COUNTY, TEXAS:
"We, the undersigned, constituting at least
ten per cent (10%) of the qualified voters of
Bee County, Texas, according to the vote for Gov-
ernor of the State of Texas in the general elec-
tion next preceding this petition, respectfully
petition your honorable body to order an election
in Bee County, Texas, at which election there
shall be submitted to following question:
"'For prohibiting the sale of al alcoholic
liquors.'
"'Against prohibiting the sale of all alco-
holic liquors.'
Respectfully submitted,"
A close examination of the Texas Liquor Control Act
does not reveal a form to be used for the petition to the com-
missioners' court.
Section 32 of such Act provides in part:
"The Commissioners Court of each county in
the State upon its own motion may order an elec-
tion to be held by the qualified voters in said
county, to determine whether or not the sale of
liquors shall be prohibited or legalized in such
county, and such Court shall order a local option
election whenever petitioned to do so by as many
as ten (10) per cent of the qualified voters of
said county, or of any justice precinct, city or
town, taking the votes for Governor at the last
preceding general election as the basis for de-
termining the qualified voters in any such county,
or political subdivision..."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1658, text, November 17, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258848/m1/2/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.