Texas Attorney General Opinion: DM-44 Page: 1 of 6
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Office of the attorney general
*tate of Iexas
DAN MORALES
ATTORNEY GENERAL September 19, 1991
Honorable Bill G. Carter Opinion No. DM-44
Chairman
Committee on Public Safety Re: Whether county commissioners
Texas House of Representatives have the authority to set boundaries for
P.O. Box 2910 wet/dry elections and other related
Austin, Texas 78768-2910 questions (RQ-89)
Dear Representative Carter:
You ask three questions regarding local option liquor elections. Such
elections are held pursuant to article XVI, section 20, of the Texas Constitution and
chapter 251 of the Alcoholic Beverage Code. We will consider each question in
turn:
1. Do county commissioners have the legal authority to set
boundaries for wet/dry elections?
Article XVI, section 20, of the Texas Constitution directs the legislature to
adopt statutes to provide for local option elections to legalize or prohibit the sale of
alcoholic beverages. This constitutional provision is codified in chapter 251 of the
Alcoholic Beverage Code. Local option liquor elections may only be called when
the commissioners court receives a valid petition. Alco. Bev. Code 251.01,
251.11. The commissioners court must call an election when it receives such a
petition. Id. The county clerk must provide a petition to qualified voters under the
following circumstances:
If 10 or more qualified voters of any county, justice
precinct, or incorporated city or town file a written application,
the county clerk of the county shall issue to the applicants a
petition to be circulated among the qualified voters of that
political subdivision.p. 221
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-44, text, September 19, 1991; (https://texashistory.unt.edu/ark:/67531/metapth273851/m1/1/: accessed April 20, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.