Monitoring the Session

HB 4449

Smithee Bill Overrides Local Alcohol Votes On Annexed Land

Became law, effective Sep 1, 2025

Verdict: Smells

SmellsInitial review
Rep. John T. SmitheeRHouse 86
Why it's charged
Bracket bill

THE TEXT

“is wholly located in a county containing a portion of U.S. Highways 60 and 87; and”…

Bill text, introduced version (I)

The bill does not name a place. It uses a highway-crossing county test plus a population floor of 12,000 to aim a general-looking Alcoholic Beverage Code change at a small set of cities. The caption only says "certain municipalities," so the reader cannot tell which places are covered.

Bracket bill

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the sale of alcoholic beverages in areas annexed by certain municipalities.

Caption from analyzed text · version I.

Summary

Only cities over 12,000 in a county crossed by U.S. Highways 60 and 87. Which ones? Unnamed.

The bill says that when certain cities annex land, the new land automatically takes on the city's wet or dry alcohol status, overriding any local option election that set the area's status before. It applies only to cities with more than 12,000 people that sit entirely inside a county crossed by both U.S. Highways 60 and 87. Land those cities have already annexed, or will annex later, switches to the city's alcohol rules without a new local vote, starting September 1, 2025.

Receipt

The receipt

89R-HB4449 · 2025-03-11

SOLD BY

Rep. John T. SmitheeRHouse 86

ITEM

relating to the sale of alcoholic beverages in areas annexed by certain municipalities.

WHAT IT DOES

Only cities over 12,000 in a county crossed by U.S. Highways 60 and 87. Which ones? Unnamed.

The bill says that when certain cities annex land, the new land automatically takes on the city's wet or dry alcohol status, overriding any local option election that set the area's status before. It applies only to cities with more than 12,000 people that sit entirely inside a county crossed by both U.S. Highways 60 and 87. Land those cities have already annexed, or will annex later, switches to the city's alcohol rules without a new local vote, starting September 1, 2025.

CHARGES

[x] BRACKET BILLanalysis confidence 75%

THE TEXT

“is wholly located in a county containing a portion of U.S. Highways 60 and 87; and”…

Bill text, introduced version (I)

The bill does not name a place. It uses a highway-crossing county test plus a population floor of 12,000 to aim a general-looking Alcoholic Beverage Code change at a small set of cities. The caption only says "certain municipalities," so the reader cannot tell which places are covered.

TOTAL

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 23, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Licensing & Administrative Procedures
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in public hearing
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
  13. Considered in Calendars
  14. Placed on General State Calendar
  15. Read 2nd time
  16. Passed to engrossment
  17. Record vote RV#2734
  18. Statement(s) of vote recorded in Journal
  19. Read 3rd time
  20. Passed
  21. Record vote RV#2850
  22. Statement(s) of vote recorded in Journal
  23. Reported engrossed
  24. Received from the House
  25. Read first time
  26. Referred to State Affairs
  27. Scheduled for public hearing on . . .
  28. Considered in public hearing
  29. Testimony taken in committee
  30. Vote taken in committee
  31. Reported favorably w/o amendments
  32. Committee report printed and distributed
  33. Placed on intent calendar
  34. Rules suspended-Regular order of business
  35. Read 2nd time & passed to 3rd reading
  36. Vote recorded in Journal
  37. Three day rule suspended
  38. Record vote
  39. Read 3rd time
  40. Passed
  41. Record vote
  42. Senate passage reported
  43. Reported enrolled
  44. Signed in the House
  45. Signed in the Senate
  46. Sent to the Governor
  47. Signed by the Governor
  48. Effective on 9/1/25
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 90 yea · 25 nay

Senate · 28 yea · 3 nay

Sources

House: Final passage · May 16, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · May 27, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

Smells

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

John T. Smithee

Donors

Kickapoo Traditional Tribe of TX$5KRichard Weekley$5,000Texans for Lawsuit Reform PAC$5K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Aug 19, 2024 to Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Kickapoo Traditional Tribe of TX$5,000.00

Kickapoo Traditional Tribe of TX

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Aug 28, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Aug 28, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968332.

Richard Weekley$5,000.00
Texans for Lawsuit Reform PAC$5,000.00

Texans for Lawsuit Reform PAC

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011601.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Kickapoo Traditional Tribe of TX

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 0 other sitting lawmakers.

Derived recipient stock · on Aug 28, 2024. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Aug 28, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100968332.

×

Texans for Lawsuit Reform PAC

$5,000.00

Cash
$5,000.00
Paid by others
$0.00
Total
$5,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011601.

Votes5

Senate May 27, 2025

Yea
28
Nay
3
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 28, Nays 3. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 28 (published)
  • Nay: 3 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 27, 2025

Yea
28
Nay
3
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Sparks moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4449 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 3.

Published stock of positions for this vote, except where marked derived.

  • Yea: 28 (published)
  • Nay: 3 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 27, 2025

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

Senator Sparks moved to suspend the regular order of business to take up for consideration HB 4449 at this time on its second reading: HB 4449, Relating to the sale of alcoholic beverages in areas annexed by certain municipalities. The motion prevailed. Senators Campbell, Hughes, and Middleton asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to third reading by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 16, 2025

Yea
90
Nay
25
Present, not voting
2
Absent
7
Excused
26
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2850

HB 4449 was passed by (Record 2850): 90 Yeas, 25 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 90 (published)
  • Nay: 25 (published)
  • Present, not voting: 2 (published)
  • Absent: 7 (derived from named list)
  • Excused: 26 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 15, 2025

Yea
100
Nay
33
Present, not voting
4
Absent
5
Excused
8
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2734

HB 4449 was passed to engrossment by (Record 2734): 100 Yeas, 33 Nays, 4 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 100 (published)
  • Nay: 33 (published)
  • Present, not voting: 4 (published)
  • Absent: 5 (derived from named list)
  • Excused: 8 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses6
For
1
Against
2
On
3
Names

For

  • Self; Texas Craft Brewers Guild1 registration

Against

  • Self2 registrations

On

  • Self1 registration
  • TABC2 registrations
Sources

6 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 23, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 11, 2025

06/20/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · House Committee Report · Engrossed · Senate Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

Sponsors
Kevin SparksRSenate 31

House committee · Licensing & Administrative Procedures · Committee vote 10 aye, 1 nay, 2 absent · Out of committee

Senate committee · State Affairs · Committee vote 9 aye, 1 nay, 1 absent · Out of committee

Subjects

CANYON, CITY OF (GP5V0)

Alcoholic Beverage Regulation

City Government--Annexation

Text

The text as introduced · 271 words

89R12459 MPF-D

By: Smithee
H.B. No. 4449

A BILL TO BE ENTITLED

AN ACT

relating to the sale of alcoholic beverages in areas annexed by

certain municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 251.72, Alcoholic Beverage Code, is

amended to read as follows:

Sec. 251.72. CHANGE OF STATUS. Except as provided in

Sections 251.725, 251.726, 251.727, 251.728, 251.73, and 251.80, an

authorized voting unit that has exercised or may exercise the right

of local option retains the status adopted, whether absolute

prohibition or legalization of the sale of alcoholic beverages of

one or more of the various types and alcoholic contents on which an

issue may be submitted under the terms of Section 501.035, Election

Code, until that status is changed by a subsequent local option

election in the same authorized voting unit.

SECTION 2. Subchapter D, Chapter 251, Alcoholic Beverage

Code, is amended by adding Section 251.728 to read as follows:

Sec. 251.728. CHANGE OF STATUS FOR TERRITORY ANNEXED OR

OWNED BY MUNICIPALITIES IN CERTAIN COUNTIES. (a) This section

applies only to a municipality that:

(1) is wholly located in a county containing a portion

of U.S. Highways 60 and 87; and

(2) has a population of more than 12,000.

(b) Notwithstanding any other law, an area annexed to a

municipality to which this section applies assumes the wet or dry

status of that municipality.

SECTION 3. The change in law made by this Act applies to an

area annexed by a municipality before, on, or after the effective

date of this Act.

SECTION 4. This Act takes effect September 1, 2025.