87R3358 MCK-D
 
  By: Larson H.B. No. 1405
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing a statewide referendum allowing voters to
  indicate a preference for observing standard time year-round or
  observing daylight saving time year-round.
         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
  November 2, 2021, 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.
         (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) 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 January 1, 2022, and Section 2 of this Act does not take
  effect.
         (b)  If a majority of the votes cast in the referendum under
  Section 3 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.
         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.