Bill Text: TX HB234 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the local regulation of the sale of lemonade or other beverages by children.

Sponsorship: Strong Partisan Bill (Republican 24-2)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB234 Detail]

Download: Texas-2019-HB234-Enrolled.html

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H.B. No. 234

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