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AN ACT
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relating to the local regulation of the sale of lemonade or other |
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beverages by children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 250, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY [OF
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MUNICIPALITIES AND COUNTIES] |
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SECTION 2. Chapter 250, Local Government Code, is amended |
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by adding Section 250.009 to read as follows: |
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Sec. 250.009. CERTAIN SALES OF BEVERAGES BY CHILDREN. |
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Notwithstanding any other law, a municipality, county, or other |
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local public health authority may not adopt or enforce an |
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ordinance, order, or rule that prohibits or regulates, including by |
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requiring a license, permit, or fee, the occasional sale of |
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lemonade or other nonalcoholic beverages from a stand on private |
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property or in a public park by an individual younger than 18 years |
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of age. |
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SECTION 3. Chapter 202, Property Code, is amended by adding |
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Section 202.020 to read as follows: |
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Sec. 202.020. CERTAIN SALES OF BEVERAGES BY CHILDREN. (a) A |
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property owners' association of a residential subdivision may not |
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adopt or enforce a restrictive covenant that prohibits or |
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regulates, including by requiring a permit or fee, the occasional |
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sale of lemonade or other nonalcoholic beverages from a stand on |
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property located in the subdivision by an individual younger than |
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18 years of age who has the permission of a property owner in the |
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subdivision for the sale. |
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(b) A property owners' association: |
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(1) does not owe a duty of care to persons |
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participating in a beverage sale described by Subsection (a); and |
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(2) is not liable for any injury to persons |
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participating in a beverage sale described by Subsection (a), |
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except for wilful or wanton acts or gross negligence of the |
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association. |
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SECTION 4. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 234 was passed by the House on March |
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20, 2019, by the following vote: Yeas 144, Nays 2, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 234 on May 22, 2019, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 234 on May 26, 2019, by the following vote: Yeas 144, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 234 was passed by the Senate, with |
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amendments, on May 15, 2019, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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234 on May 26, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |