Texas 2011 - 82nd Regular

Texas House Bill HB475 Compare Versions

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Old	New	Differences
1	1	82R16512 E
2	2	By: Guillen H.B. No. 475
3	3	Substitute the following for H.B. No. 475:
4	4	By: Sheffield C.S.H.B. No. 475
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing the adjutant general to operate post
10	10	exchanges on state military property.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 431, Government Code, is
13	13	amended by adding Section 431.040 to read as follows:
14	14	Sec. 431.040. POST EXCHANGES ON STATE MILITARY PROPERTY.
15	15	(a) The adjutant general may establish and contract for the
16	16	operation of not more than three military-type post exchanges
17	17	similar to those operated by the armed forces of the United States
18	18	on any real property under the management and control of the
19	19	department. A post exchange may sell, lease, or rent goods and
20	20	services, including beer and wine, tobacco products, and prepared
21	21	foods. The adjutant general may designate facilities located on
22	22	department property to use for purposes of this section.
23	23	(b) The adjutant general shall adopt rules to govern post
24	24	exchanges established under this section that are similar to the
25	25	procedures, policies, and restrictions governing exchanges of the
26	26	Army and Air Force Exchange Service, including rules that require
27	27	an individual to show identification that indicates that the
28	28	individual is qualified to buy, lease, or rent goods at the post
29	29	exchange.
30	30	(c) The adjutant general shall contract with a person to
31	31	operate a post exchange created under this section.
32	32	(d) A post exchange may sell, lease, or rent goods and
33	33	services only to:
34	34	(1) active, retired, and reserve members of the United
35	35	States armed services;
36	36	(2) active and retired members of the state military
37	37	forces;
38	38	(3) full-time employees of the adjutant general's
39	39	department; and
40	40	(4) dependents of an individual described by
41	41	Subdivisions (1)-(3).
42	42	(e) The post exchange services account is a company fund
43	43	under Section 431.014 and may be used in a manner authorized by the
44	44	General Appropriations Act for local funds. The post exchange
45	45	services account is exempt from the application of Sections 403.095
46	46	and 404.071. The account consists of:
47	47	(1) money received from the operation of post
48	48	exchanges created under this section; and
49	49	(2) all interest attributable to money held in the
50	50	account.
51	51	(f) A post exchange created under this section may sell
52	52	goods and services, including beer and wine, for off-premises
53	53	consumption if the operator of the exchange holds the appropriate
54	54	license or permit issued by the Texas Alcoholic Beverage
55	55	Commission. The licensee or permittee shall comply in all respects
56	56	with the provisions of the Alcoholic Beverage Code and the rules of
57	57	the Texas Alcoholic Beverage Commission. The department may use
58	58	appropriated money to purchase alcoholic beverages for sale at a
59	59	post exchange.
60	60	(g) Chapter 94, Human Resources Code, does not apply to
61	61	vending facilities operated at a post exchange.
62	62	SECTION 2. Subchapter H, Chapter 151, Tax Code, is amended
63	63	by adding Section 151.344 to read as follows:
64	64	Sec. 151.344. POST EXCHANGES ON STATE MILITARY PROPERTY.
65	65	(a) A taxable item sold, leased, or rented to, or stored, used, or
66	66	consumed by, a post exchange under Section 431.040, Government
67	67	Code, is exempt from the taxes imposed by this chapter.
68	68	(b) A taxable item sold, leased, or rented by a post
69	69	exchange under Section 431.040, Government Code, is exempt from the
70	70	taxes imposed by this chapter.
71	71	SECTION 3. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect September 1, 2011.