87S30155 MCK-D
By: Larson H.B. No. 123
A BILL TO BE ENTITLED
AN ACT
relating to observing standard time year-round or observing
daylight saving time year-round based on the results of a statewide
referendum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 312.016, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The state, acting under the exemption provisions of
Section 3(a), Uniform Time Act of 1966 (15 U.S.C. Section 260a(a)),
is exempt from the provisions of that law that establish daylight
saving time. The exemption provided by this subsection applies to
both the portion of the state using central standard time as the
official standard time and the portion of the state using mountain
standard time as the official standard time.
SECTION 2. Section 312.016, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The state, acting as authorized under federal law, shall
observe daylight saving time year-round. This subsection applies
to both the portion of the state using central standard time as the
official standard time and the portion of the state using mountain
standard time as the official standard time.
SECTION 3. (a) At the general election to be held on May 7,
2022, a statewide referendum shall be conducted to allow the voters
of this state to indicate a preference for either:
(1) observing standard time year-round; or
(2) observing daylight saving time year-round.
(b) The ballot for the referendum shall be printed to state
as follows: "Which of the following do you prefer?
"Observing standard time year-round."
"Observing daylight saving time year-round."
(c) The secretary of state shall design the ballot for the
referendum to enable a voter to select either of the statements set
out in Subsection (b) of this section as the voter's preference.
(d) The proposition for the referendum shall be printed on
the ballot under the heading: "Referendum Proposition" immediately
following the proposed constitutional amendment authorizing a
statewide referendum to allow the voters to choose between
observing standard time year-round and observing daylight saving
time year-round and authorizing the legislature to enact
legislation giving effect to the option preferred by a majority of
voters.
(e) Notice of the election shall be given in the same manner
that notice of proposed constitutional amendments is given.
(f) Returns of the votes cast on the proposition shall be
prepared and canvassed in the same manner as the returns on the
proposed constitutional amendments. Immediately after the results
of the election are certified, the secretary of state shall
transmit a copy of the certification to the lieutenant governor and
the speaker of the house of representatives.
SECTION 4. (a) Except as provided by Subsection (c) of this
section, if a majority of the votes cast in the statewide referendum
under Section 3 of this Act are in favor of "Observing standard time
year-round," Section 1 of this Act takes effect November 7, 2022,
and Section 2 of this Act does not take effect.
(b) Except as provided by Subsection (c) of this section, if
a majority of the votes cast in the referendum under Section 3 of
this Act are in favor of "Observing daylight saving time
year-round," Section 1 of this Act does not take effect and Section
2 of this Act takes effect only if the United States Congress enacts
legislation that becomes law that authorizes the State of Texas to
observe daylight saving time year-round. If the United States
Congress does not enact legislation that becomes law described by
this subsection, Section 2 of this Act has no effect.
(c) If the constitutional amendment proposed by the 87th
Legislature, 3rd Called Session, 2021, authorizing a statewide
referendum allowing voters to choose between observing standard
time year-round and observing daylight saving time year-round and
authorizing the legislature to enact legislation giving effect to
the option preferred by a majority of voters is not approved by the
voters, Sections 1 and 2 of this Act have no effect.
SECTION 5. Sections 3 and 4 of this Act and this section
take effect immediately if this Act 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, Sections 3 and 4 of this Act
and this section take effect on the 91st day after the last day of
the legislative session.