Texas 2021 - 87th 3rd C.S.

Texas House Bill HB123 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S30155 MCK-D
2	2	By: Larson H.B. No. 123
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to observing standard time year-round or observing
8	8	daylight saving time year-round based on the results of a statewide
9	9	referendum.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 312.016, Government Code, is amended by
12	12	adding Subsection (d) to read as follows:
13	13	(d) The state, acting under the exemption provisions of
14	14	Section 3(a), Uniform Time Act of 1966 (15 U.S.C. Section 260a(a)),
15	15	is exempt from the provisions of that law that establish daylight
16	16	saving time. The exemption provided by this subsection applies to
17	17	both the portion of the state using central standard time as the
18	18	official standard time and the portion of the state using mountain
19	19	standard time as the official standard time.
20	20	SECTION 2. Section 312.016, Government Code, is amended by
21	21	adding Subsection (d) to read as follows:
22	22	(d) The state, acting as authorized under federal law, shall
23	23	observe daylight saving time year-round. This subsection applies
24	24	to both the portion of the state using central standard time as the
25	25	official standard time and the portion of the state using mountain
26	26	standard time as the official standard time.
27	27	SECTION 3. (a) At the general election to be held on May 7,
28	28	2022, a statewide referendum shall be conducted to allow the voters
29	29	of this state to indicate a preference for either:
30	30	(1) observing standard time year-round; or
31	31	(2) observing daylight saving time year-round.
32	32	(b) The ballot for the referendum shall be printed to state
33	33	as follows: "Which of the following do you prefer?
34	34	"Observing standard time year-round."
35	35	"Observing daylight saving time year-round."
36	36	(c) The secretary of state shall design the ballot for the
37	37	referendum to enable a voter to select either of the statements set
38	38	out in Subsection (b) of this section as the voter's preference.
39	39	(d) The proposition for the referendum shall be printed on
40	40	the ballot under the heading: "Referendum Proposition" immediately
41	41	following the proposed constitutional amendment authorizing a
42	42	statewide referendum to allow the voters to choose between
43	43	observing standard time year-round and observing daylight saving
44	44	time year-round and authorizing the legislature to enact
45	45	legislation giving effect to the option preferred by a majority of
46	46	voters.
47	47	(e) Notice of the election shall be given in the same manner
48	48	that notice of proposed constitutional amendments is given.
49	49	(f) Returns of the votes cast on the proposition shall be
50	50	prepared and canvassed in the same manner as the returns on the
51	51	proposed constitutional amendments. Immediately after the results
52	52	of the election are certified, the secretary of state shall
53	53	transmit a copy of the certification to the lieutenant governor and
54	54	the speaker of the house of representatives.
55	55	SECTION 4. (a) Except as provided by Subsection (c) of this
56	56	section, if a majority of the votes cast in the statewide referendum
57	57	under Section 3 of this Act are in favor of "Observing standard time
58	58	year-round," Section 1 of this Act takes effect November 7, 2022,
59	59	and Section 2 of this Act does not take effect.
60	60	(b) Except as provided by Subsection (c) of this section, if
61	61	a majority of the votes cast in the referendum under Section 3 of
62	62	this Act are in favor of "Observing daylight saving time
63	63	year-round," Section 1 of this Act does not take effect and Section
64	64	2 of this Act takes effect only if the United States Congress enacts
65	65	legislation that becomes law that authorizes the State of Texas to
66	66	observe daylight saving time year-round. If the United States
67	67	Congress does not enact legislation that becomes law described by
68	68	this subsection, Section 2 of this Act has no effect.
69	69	(c) If the constitutional amendment proposed by the 87th
70	70	Legislature, 3rd Called Session, 2021, authorizing a statewide
71	71	referendum allowing voters to choose between observing standard
72	72	time year-round and observing daylight saving time year-round and
73	73	authorizing the legislature to enact legislation giving effect to
74	74	the option preferred by a majority of voters is not approved by the
75	75	voters, Sections 1 and 2 of this Act have no effect.
76	76	SECTION 5. Sections 3 and 4 of this Act and this section
77	77	take effect immediately if this Act receives a vote of two-thirds of
78	78	all the members elected to each house, as provided by Section 39,
79	79	Article III, Texas Constitution. If this Act does not receive the
80	80	vote necessary for immediate effect, Sections 3 and 4 of this Act
81	81	and this section take effect on the 91st day after the last day of
82	82	the legislative session.