1 | 1 | | 88R3746 MCK-D |
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2 | 2 | | By: Goodwin H.B. No. 1101 |
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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 7, 2023, 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 the constitutional amendment proposed by |
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54 | 54 | | the 88th Legislature, Regular Session, 2023, authorizing the |
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55 | 55 | | statewide referendum under Section 3 of this Act is approved by the |
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56 | 56 | | voters and if a majority of the votes cast in the statewide |
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57 | 57 | | referendum are in favor of "Observing standard time year-round," |
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58 | 58 | | Section 1 of this Act takes effect January 1, 2024, and Section 2 of |
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59 | 59 | | this Act does not take effect. |
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60 | 60 | | (b) If the constitutional amendment proposed by the 88th |
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61 | 61 | | Legislature, Regular Session, 2023, authorizing the statewide |
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62 | 62 | | referendum under Section 3 of this Act is approved by the voters and |
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63 | 63 | | if a majority of the votes cast in the statewide referendum are in |
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64 | 64 | | favor of "Observing daylight saving time year-round," Section 1 of |
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65 | 65 | | this Act does not take effect and Section 2 of this Act takes effect |
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66 | 66 | | only if the United States Congress enacts legislation that becomes |
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67 | 67 | | law that authorizes the State of Texas to observe daylight saving |
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68 | 68 | | time year-round. If the United States Congress does not enact |
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69 | 69 | | legislation that becomes law described by this subsection, Section |
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70 | 70 | | 2 of this Act has no effect. |
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71 | 71 | | SECTION 5. (a) Except as otherwise provided by this Act, |
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72 | 72 | | this Act takes effect immediately if this Act receives a vote of |
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73 | 73 | | two-thirds of all the members elected to each house, as provided by |
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74 | 74 | | Section 39, Article III, Texas Constitution. If this Act does not |
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75 | 75 | | receive the vote necessary for immediate effect, this Act takes |
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76 | 76 | | effect September 1, 2023. |
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77 | 77 | | (b) This Act takes effect only if the 88th Legislature, |
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78 | 78 | | Regular Session, 2023, proposes a constitutional amendment |
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79 | 79 | | authorizing a referendum election on the issue of daylight saving |
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80 | 80 | | time. If the 88th Legislature, Regular Session, 2023, does not |
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81 | 81 | | propose such a constitutional amendment, this Act has no effect. |
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82 | 82 | | (c) Sections 1, 2, and 4 of this Act take effect only if the |
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83 | 83 | | constitutional amendment proposed by the 88th Legislature, Regular |
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84 | 84 | | Session, 2023, authorizing a referendum election on the issue of |
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85 | 85 | | daylight saving time is approved by the voters. If that amendment |
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86 | 86 | | is not approved by the voters, Sections 1, 2, and 4 of this Act have |
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87 | 87 | | no effect. |
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