| 1 | 1 | | 87R12219 MCK-F |
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| 2 | 2 | | By: Springer S.B. No. 1250 |
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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 prohibiting certain limitations on the operation of |
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| 8 | 8 | | certain alcoholic beverage businesses during a declared state of |
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| 9 | 9 | | disaster. |
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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 418.012, Government Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 418.012. EXECUTIVE ORDERS. (a) Under this chapter, |
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| 14 | 14 | | the governor may issue executive orders, proclamations, and |
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| 15 | 15 | | regulations and amend or rescind them. Executive orders, |
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| 16 | 16 | | proclamations, and regulations have the force and effect of law. |
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| 17 | 17 | | (b) An executive order, proclamation, or regulation issued |
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| 18 | 18 | | by the governor under this chapter that restricts the operation of |
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| 19 | 19 | | or the hours of operation for a business that sells alcoholic |
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| 20 | 20 | | beverages may not include: |
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| 21 | 21 | | (1) a business that holds a permit or license: |
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| 22 | 22 | | (A) issued by the Texas Alcoholic Beverage |
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| 23 | 23 | | Commission; |
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| 24 | 24 | | (B) for a business in the manufacturing tier of |
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| 25 | 25 | | the alcoholic beverage industry; and |
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| 26 | 26 | | (C) that authorizes the business to sell |
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| 27 | 27 | | alcoholic beverages for on-premises consumption; or |
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| 28 | 28 | | (2) a business that holds a brewpub license under |
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| 29 | 29 | | Chapter 74, Alcoholic Beverage Code. |
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| 30 | 30 | | SECTION 2. Section 418.012, Government Code, as amended by |
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| 31 | 31 | | this Act, applies only to a declaration of a state of disaster |
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| 32 | 32 | | issued or renewed on or after the effective date of this Act. A |
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| 33 | 33 | | declaration issued before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect immediately before the effective date |
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| 35 | 35 | | of this Act, and that law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2021. |
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