87R12219 MCK-F
 
  By: Springer S.B. No. 1250
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting certain limitations on the operation of
  certain alcoholic beverage businesses during a declared state of
  disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 418.012, Government Code, is amended to
  read as follows:
         Sec. 418.012.  EXECUTIVE ORDERS. (a) Under this chapter,
  the governor may issue executive orders, proclamations, and
  regulations and amend or rescind them. Executive orders,
  proclamations, and regulations have the force and effect of law.
         (b)  An executive order, proclamation, or regulation issued
  by the governor under this chapter that restricts the operation of
  or the hours of operation for a business that sells alcoholic
  beverages may not include:
               (1)  a business that holds a permit or license:
                     (A)  issued by the Texas Alcoholic Beverage
  Commission;
                     (B)  for a business in the manufacturing tier of
  the alcoholic beverage industry; and
                     (C)  that authorizes the business to sell
  alcoholic beverages for on-premises consumption; or
               (2)  a business that holds a brewpub license under
  Chapter 74, Alcoholic Beverage Code.
         SECTION 2.  Section 418.012, Government Code, as amended by
  this Act, applies only to a declaration of a state of disaster
  issued or renewed on or after the effective date of this Act. A
  declaration issued before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.