| 1 | 1 | | 87R3358 MCK-D |
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| 2 | 2 | | By: Larson H.B. No. 1405 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authorizing a statewide referendum allowing voters to |
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| 8 | 8 | | indicate a preference for observing standard time year-round or |
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| 9 | 9 | | observing daylight saving time year-round. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 312.016, Government Code, is amended by |
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| 12 | 12 | | adding Subsection (d) to read as follows: |
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| 13 | 13 | | (d) The state, acting under the exemption provisions of |
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| 14 | 14 | | Section 3(a), Uniform Time Act of 1966 (15 U.S.C. Section 260a(a)), |
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| 15 | 15 | | is exempt from the provisions of that law that establish daylight |
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| 16 | 16 | | saving time. The exemption provided by this subsection applies to |
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| 17 | 17 | | both the portion of the state using central standard time as the |
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| 18 | 18 | | official standard time and the portion of the state using mountain |
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| 19 | 19 | | standard time as the official standard time. |
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| 20 | 20 | | SECTION 2. Section 312.016, Government Code, is amended by |
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| 21 | 21 | | adding Subsection (d) to read as follows: |
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| 22 | 22 | | (d) The state, acting as authorized under federal law, shall |
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| 23 | 23 | | observe daylight saving time year-round. This subsection applies |
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| 24 | 24 | | to both the portion of the state using central standard time as the |
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| 25 | 25 | | official standard time and the portion of the state using mountain |
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| 26 | 26 | | standard time as the official standard time. |
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| 27 | 27 | | SECTION 3. (a) At the general election to be held on |
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| 28 | 28 | | November 2, 2021, a statewide referendum shall be conducted to |
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| 29 | 29 | | allow the voters of this state to indicate a preference for either: |
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| 30 | 30 | | (1) observing standard time year-round; or |
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| 31 | 31 | | (2) observing daylight saving time year-round. |
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| 32 | 32 | | (b) The ballot for the referendum shall be printed to state |
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| 33 | 33 | | as follows: "Which of the following do you prefer? |
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| 34 | 34 | | "Observing standard time year-round." |
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| 35 | 35 | | "Observing daylight saving time year-round." |
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| 36 | 36 | | (c) The secretary of state shall design the ballot for the |
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| 37 | 37 | | referendum to enable a voter to select either of the statements set |
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| 38 | 38 | | out in Subsection (b) of this section as the voter's preference. |
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| 39 | 39 | | (d) The proposition for the referendum shall be printed on |
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| 40 | 40 | | the ballot under the heading: "Referendum Proposition" immediately |
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| 41 | 41 | | following the proposed constitutional amendment authorizing a |
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| 42 | 42 | | statewide referendum to allow the voters to choose between |
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| 43 | 43 | | observing standard time year-round and observing daylight saving |
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| 44 | 44 | | time year-round. |
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| 45 | 45 | | (e) Notice of the election shall be given in the same manner |
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| 46 | 46 | | that notice of proposed constitutional amendments is given. |
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| 47 | 47 | | (f) Returns of the votes cast on the proposition shall be |
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| 48 | 48 | | prepared and canvassed in the same manner as the returns on the |
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| 49 | 49 | | proposed constitutional amendments. Immediately after the results |
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| 50 | 50 | | of the election are certified, the secretary of state shall |
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| 51 | 51 | | transmit a copy of the certification to the lieutenant governor and |
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| 52 | 52 | | the speaker of the house of representatives. |
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| 53 | 53 | | SECTION 4. (a) If a majority of the votes cast in the |
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| 54 | 54 | | statewide referendum under Section 3 of this Act are in favor of |
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| 55 | 55 | | "Observing standard time year-round," Section 1 of this Act takes |
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| 56 | 56 | | effect January 1, 2022, and Section 2 of this Act does not take |
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| 57 | 57 | | effect. |
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| 58 | 58 | | (b) If a majority of the votes cast in the referendum under |
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| 59 | 59 | | Section 3 are in favor of "Observing daylight saving time |
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| 60 | 60 | | year-round," Section 1 of this Act does not take effect and Section |
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| 61 | 61 | | 2 of this Act takes effect only if the United States Congress enacts |
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| 62 | 62 | | legislation that becomes law that authorizes the State of Texas to |
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| 63 | 63 | | observe daylight saving time year-round. If the United States |
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| 64 | 64 | | Congress does not enact legislation that becomes law described by |
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| 65 | 65 | | this subsection, Section 2 of this Act has no effect. |
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| 66 | 66 | | SECTION 5. Sections 3 and 4 of this Act and this section |
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| 67 | 67 | | take effect immediately if this Act receives a vote of two-thirds of |
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| 68 | 68 | | all the members elected to each house, as provided by Section 39, |
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| 69 | 69 | | Article III, Texas Constitution. If this Act does not receive the |
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| 70 | 70 | | vote necessary for immediate effect, Sections 3 and 4 of this Act |
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| 71 | 71 | | and this section take effect on the 91st day after the last day of |
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| 72 | 72 | | the legislative session. |
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