Bill Text: TX HB123 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to observing standard time year-round or observing daylight saving time year-round based on the results of a statewide referendum.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-09-29 - Filed [HB123 Detail]
Download: Texas-2021-HB123-Introduced.html
87S30155 MCK-D | ||
By: Larson | H.B. No. 123 |
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relating to observing standard time year-round or observing | ||
daylight saving time year-round based on the results of a statewide | ||
referendum. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 312.016, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The state, acting under the exemption provisions of | ||
Section 3(a), Uniform Time Act of 1966 (15 U.S.C. Section 260a(a)), | ||
is exempt from the provisions of that law that establish daylight | ||
saving time. The exemption provided by this subsection applies to | ||
both the portion of the state using central standard time as the | ||
official standard time and the portion of the state using mountain | ||
standard time as the official standard time. | ||
SECTION 2. Section 312.016, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The state, acting as authorized under federal law, shall | ||
observe daylight saving time year-round. This subsection applies | ||
to both the portion of the state using central standard time as the | ||
official standard time and the portion of the state using mountain | ||
standard time as the official standard time. | ||
SECTION 3. (a) At the general election to be held on May 7, | ||
2022, a statewide referendum shall be conducted to allow the voters | ||
of this state to indicate a preference for either: | ||
(1) observing standard time year-round; or | ||
(2) observing daylight saving time year-round. | ||
(b) The ballot for the referendum shall be printed to state | ||
as follows: "Which of the following do you prefer? | ||
"Observing standard time year-round." | ||
"Observing daylight saving time year-round." | ||
(c) The secretary of state shall design the ballot for the | ||
referendum to enable a voter to select either of the statements set | ||
out in Subsection (b) of this section as the voter's preference. | ||
(d) The proposition for the referendum shall be printed on | ||
the ballot under the heading: "Referendum Proposition" immediately | ||
following the proposed constitutional amendment authorizing a | ||
statewide referendum to allow the voters to choose between | ||
observing standard time year-round and observing daylight saving | ||
time year-round and authorizing the legislature to enact | ||
legislation giving effect to the option preferred by a majority of | ||
voters. | ||
(e) Notice of the election shall be given in the same manner | ||
that notice of proposed constitutional amendments is given. | ||
(f) Returns of the votes cast on the proposition shall be | ||
prepared and canvassed in the same manner as the returns on the | ||
proposed constitutional amendments. Immediately after the results | ||
of the election are certified, the secretary of state shall | ||
transmit a copy of the certification to the lieutenant governor and | ||
the speaker of the house of representatives. | ||
SECTION 4. (a) Except as provided by Subsection (c) of this | ||
section, if a majority of the votes cast in the statewide referendum | ||
under Section 3 of this Act are in favor of "Observing standard time | ||
year-round," Section 1 of this Act takes effect November 7, 2022, | ||
and Section 2 of this Act does not take effect. | ||
(b) Except as provided by Subsection (c) of this section, if | ||
a majority of the votes cast in the referendum under Section 3 of | ||
this Act are in favor of "Observing daylight saving time | ||
year-round," Section 1 of this Act does not take effect and Section | ||
2 of this Act takes effect only if the United States Congress enacts | ||
legislation that becomes law that authorizes the State of Texas to | ||
observe daylight saving time year-round. If the United States | ||
Congress does not enact legislation that becomes law described by | ||
this subsection, Section 2 of this Act has no effect. | ||
(c) If the constitutional amendment proposed by the 87th | ||
Legislature, 3rd Called Session, 2021, authorizing a statewide | ||
referendum allowing voters to choose between observing standard | ||
time year-round and observing daylight saving time year-round and | ||
authorizing the legislature to enact legislation giving effect to | ||
the option preferred by a majority of voters is not approved by the | ||
voters, Sections 1 and 2 of this Act have no effect. | ||
SECTION 5. Sections 3 and 4 of this Act and this section | ||
take effect immediately if this Act 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, Sections 3 and 4 of this Act | ||
and this section take effect on the 91st day after the last day of | ||
the legislative session. |