I’m dealing with a statute that was arguably incorporated into the Penal Code -- but only in those counties that adopted the statute in a local election. My county didn’t adopt the provision, but there is no evidence about any local election in my record.

I've been trying to think of criminal law situations where a law needs to be locally adopted to apply in a particular county. The only examples I've come up with are old Liquor Control Act cases. There's some useful stuff in those cases. Evans v. State, 144 S.W.2d 897 (Tex. Crim. App. 1940) (whether area had subsequently converted back to being a "wet" area -- through a local option election -- was a defensive matter, all State had to allege and prove was that area had properly become dry).

I'm trying to show that before a court of appeals can find the evidence insufficient on the basis of a statute that had to be locally adopted, there has to be some evidence that the statute was in fact adopted.

Can anyone think of other examples?

Chapter 143, Agriculture Code (commonly called the stock law) is a local option law. There are criminal penalties for allowing livestock to roam in counties that have adopted a stock law.

http://tlo2.tlc.state.tx.us/statutes/ag.toc.htm