Texas 2011 - 82nd Regular

Texas Senate Bill SB1732 Compare Versions

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Old	New	Differences
1	1	82R25057 MCK-F
2	2	By: Van de Putte S.B. No. 1732
3	3	(Guillen)
4	4	Substitute the following for S.B. No. 1732: No.
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 tobacco products, prepared foods, and beer and
21	21	wine but not distilled spirits. The adjutant general may designate
22	22	facilities located on department property to use for purposes of
23	23	this section.
24	24	(b) The adjutant general shall adopt rules to govern post
25	25	exchanges established under this section that are similar to the
26	26	procedures, policies, and restrictions governing exchanges of the
27	27	Army and Air Force Exchange Service, including rules that require
28	28	an individual to show identification that indicates that the
29	29	individual is qualified to buy, lease, or rent goods at the post
30	30	exchange.
31	31	(c) The adjutant general shall contract with a person to
32	32	operate a post exchange created under this section.
33	33	(d) A post exchange may sell, lease, or rent goods and
34	34	services only to:
35	35	(1) active, retired, and reserve members of the United
36	36	States armed services;
37	37	(2) active and retired members of the state military
38	38	forces;
39	39	(3) full-time employees of the adjutant general's
40	40	department; and
41	41	(4) dependents of an individual described by
42	42	Subdivisions (1)-(3).
43	43	(e) The post exchange services account is a company fund
44	44	under Section 431.014 and may be used in a manner authorized by the
45	45	General Appropriations Act for local funds. The post exchange
46	46	services account is exempt from the application of Sections 403.095
47	47	and 404.071. The account consists of:
48	48	(1) money received from the operation of post
49	49	exchanges created under this section; and
50	50	(2) all interest attributable to money held in the
51	51	account.
52	52	(f) A post exchange created under this section may sell
53	53	goods and services, including beer and wine but not distilled
54	54	spirits, for off-premises consumption if the operator of the
55	55	exchange holds the appropriate license or permit issued by the
56	56	Texas Alcoholic Beverage Commission. The licensee or permittee
57	57	shall comply in all respects with the provisions of the Alcoholic
58	58	Beverage Code and the rules of the Texas Alcoholic Beverage
59	59	Commission.
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.