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Relating to the sale of alcoholic beverages in areas annexed by
No significant fiscal implication to the State is anticipated.
HB 1729 would provide Stockman's Café, located in Elkhart, an exemption to sell alcoholic beverages. Current law states that land that is annexed assumes the "wet" or "dry" status of the county into which it was annexed. This bill would provide a waiver for this location because Elkhart is in a dry county.
The decision to keep certain areas wet or dry is made by the residents of that precinct through a vote. Texas Action opposes HB 1729 on the grounds of limited government. While we are not opposed to allowing a business owner to conduct business as they see fit, it is not the role of the state legislature to undermine the county's residents by providing a waiver to a business to sell alcohol in an area that the voters have chosen to keep dry.
Ultimately this is a local issue which should be resolved at the local level without state intervention.