BILL ANALYSIS

Senate Research Center	H.B. 234
	By: Krause et al. (Nelson)
	Intergovernmental Relations
	5/3/2019
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Concerns have been raised regarding local regulation of the sale of lemonade or other beverages by children and the effect such regulation may have on preventing children from becoming entrepreneurs. H.B. 234 seeks to address these concerns by prohibiting the adoption or enforcement of certain local ordinances, orders, or rules relating to operating certain businesses, such as a lemonade stand.

H.B. 234 amends current law relating to the local regulation of the sale of lemonade or other beverages by children.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Chapter 250, Local Government Code, to read as follows:

CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY

SECTION 2. Amends Chapter 250, Local Government Code, by adding Section 250.009, as follows:

Sec. 250.009. CERTAIN SALES OF BEVERAGES BY CHILDREN. Prohibits a municipality, county, or other local public health authority, notwithstanding any other law, from adopting or enforcing an ordinance, order, or rule that prohibits or regulates, including by requiring a license, permit, or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property or in a public park by an individual younger than 18 years of age.

SECTION 3. Amends Chapter 202, Property Code, by adding Section 202.020, as follows:

Sec. 202.020. CERTAIN SALES OF BEVERAGES BY CHILDREN. Prohibits a property owners' association of a residential subdivision from adopting or enforcing a restrictive covenant that prohibits or regulates, including by requiring a permit or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on property located in the subdivision by an individual younger than 18 years of age.

SECTION 4. Effective date: September 1, 2019.