82R25057 MCK-F
By: Van de Putte S.B. No. 1732
(Guillen)
Substitute the following for S.B. No. 1732: No.
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the adjutant general to operate post
exchanges on state military property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 431, Government Code, is
amended by adding Section 431.040 to read as follows:
Sec. 431.040. POST EXCHANGES ON STATE MILITARY PROPERTY.
(a) The adjutant general may establish and contract for the
operation of not more than three military-type post exchanges
similar to those operated by the armed forces of the United States
on any real property under the management and control of the
department. A post exchange may sell, lease, or rent goods and
services, including tobacco products, prepared foods, and beer and
wine but not distilled spirits. The adjutant general may designate
facilities located on department property to use for purposes of
this section.
(b) The adjutant general shall adopt rules to govern post
exchanges established under this section that are similar to the
procedures, policies, and restrictions governing exchanges of the
Army and Air Force Exchange Service, including rules that require
an individual to show identification that indicates that the
individual is qualified to buy, lease, or rent goods at the post
exchange.
(c) The adjutant general shall contract with a person to
operate a post exchange created under this section.
(d) A post exchange may sell, lease, or rent goods and
services only to:
(1) active, retired, and reserve members of the United
States armed services;
(2) active and retired members of the state military
forces;
(3) full-time employees of the adjutant general's
department; and
(4) dependents of an individual described by
Subdivisions (1)-(3).
(e) The post exchange services account is a company fund
under Section 431.014 and may be used in a manner authorized by the
General Appropriations Act for local funds. The post exchange
services account is exempt from the application of Sections 403.095
and 404.071. The account consists of:
(1) money received from the operation of post
exchanges created under this section; and
(2) all interest attributable to money held in the
account.
(f) A post exchange created under this section may sell
goods and services, including beer and wine but not distilled
spirits, for off-premises consumption if the operator of the
exchange holds the appropriate license or permit issued by the
Texas Alcoholic Beverage Commission. The licensee or permittee
shall comply in all respects with the provisions of the Alcoholic
Beverage Code and the rules of the Texas Alcoholic Beverage
Commission.
(g) Chapter 94, Human Resources Code, does not apply to
vending facilities operated at a post exchange.
SECTION 2. Subchapter H, Chapter 151, Tax Code, is amended
by adding Section 151.344 to read as follows:
Sec. 151.344. POST EXCHANGES ON STATE MILITARY PROPERTY.
(a) A taxable item sold, leased, or rented to, or stored, used, or
consumed by, a post exchange under Section 431.040, Government
Code, is exempt from the taxes imposed by this chapter.
(b) A taxable item sold, leased, or rented by a post
exchange under Section 431.040, Government Code, is exempt from the
taxes imposed by this chapter.
SECTION 3. This Act takes effect immediately if it 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, this
Act takes effect September 1, 2011.