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By: Krause, et al. (Senate Sponsor - Nelson) |
H.B. No. 234 |
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(In the Senate - Received from the House March 21, 2019; |
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March 27, 2019, read first time and referred to Committee on |
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Intergovernmental Relations; May 9, 2019, reported adversely, with |
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favorable Committee Substitute by the following vote: Yeas 7, |
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Nays 0; May 9, 2019, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 234 |
By: Campbell |
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A BILL TO BE ENTITLED
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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 resides in the subdivision. |
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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 willful 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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