Texas 2021 87th Regular

Texas Senate Bill SB1250 Introduced / Bill

Filed 03/09/2021

                    87R12219 MCK-F
 By: Springer S.B. No. 1250


 A BILL TO BE ENTITLED
 AN ACT
 relating to prohibiting certain limitations on the operation of
 certain alcoholic beverage businesses during a declared state of
 disaster.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 418.012, Government Code, is amended to
 read as follows:
 Sec. 418.012.  EXECUTIVE ORDERS. (a) Under this chapter,
 the governor may issue executive orders, proclamations, and
 regulations and amend or rescind them. Executive orders,
 proclamations, and regulations have the force and effect of law.
 (b)  An executive order, proclamation, or regulation issued
 by the governor under this chapter that restricts the operation of
 or the hours of operation for a business that sells alcoholic
 beverages may not include:
 (1)  a business that holds a permit or license:
 (A)  issued by the Texas Alcoholic Beverage
 Commission;
 (B)  for a business in the manufacturing tier of
 the alcoholic beverage industry; and
 (C)  that authorizes the business to sell
 alcoholic beverages for on-premises consumption; or
 (2)  a business that holds a brewpub license under
 Chapter 74, Alcoholic Beverage Code.
 SECTION 2.  Section 418.012, Government Code, as amended by
 this Act, applies only to a declaration of a state of disaster
 issued or renewed on or after the effective date of this Act. A
 declaration issued before the effective date of this Act is
 governed by the law in effect immediately before the effective date
 of this Act, and that law is continued in effect for that purpose.
 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, 2021.