88R3746 MCK-D
By: Goodwin H.B. No. 1101
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a statewide referendum allowing voters to
indicate a preference for observing standard time year-round or
observing daylight saving time year-round.
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
November 7, 2023, 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.
(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) If the constitutional amendment proposed by
the 88th Legislature, Regular Session, 2023, authorizing the
statewide referendum under Section 3 of this Act is approved by the
voters and if a majority of the votes cast in the statewide
referendum are in favor of "Observing standard time year-round,"
Section 1 of this Act takes effect January 1, 2024, and Section 2 of
this Act does not take effect.
(b) If the constitutional amendment proposed by the 88th
Legislature, Regular Session, 2023, authorizing the statewide
referendum under Section 3 of this Act is approved by the voters and
if a majority of the votes cast in the statewide referendum 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.
SECTION 5. (a) Except as otherwise provided by this Act,
this Act takes 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, this Act takes
effect September 1, 2023.
(b) This Act takes effect only if the 88th Legislature,
Regular Session, 2023, proposes a constitutional amendment
authorizing a referendum election on the issue of daylight saving
time. If the 88th Legislature, Regular Session, 2023, does not
propose such a constitutional amendment, this Act has no effect.
(c) Sections 1, 2, and 4 of this Act take effect only if the
constitutional amendment proposed by the 88th Legislature, Regular
Session, 2023, authorizing a referendum election on the issue of
daylight saving time is approved by the voters. If that amendment
is not approved by the voters, Sections 1, 2, and 4 of this Act have
no effect.