Bill Text: TX HB234 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the local regulation of the sale of lemonade or other beverages by children.
Spectrum: Strong Partisan Bill (Republican 24-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB234 Detail]
Download: Texas-2019-HB234-Comm_Sub.html
Bill Title: Relating to the local regulation of the sale of lemonade or other beverages by children.
Spectrum: Strong Partisan Bill (Republican 24-2)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB234 Detail]
Download: Texas-2019-HB234-Comm_Sub.html
By: Krause, et al. (Senate Sponsor - Nelson) | H.B. No. 234 | |
(In the Senate - Received from the House March 21, 2019; | ||
March 27, 2019, read first time and referred to Committee on | ||
Intergovernmental Relations; May 9, 2019, reported adversely, with | ||
favorable Committee Substitute by the following vote: Yeas 7, | ||
Nays 0; May 9, 2019, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 234 | By: Campbell |
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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 [ |
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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 resides in the subdivision. | ||
(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 willful or wanton acts or gross negligence of the | ||
association. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
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