Texas 2023 - 88th Regular

Texas Senate Bill SB1297 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R5860 MCK-D
2	2	By: Zaffirini S.B. No. 1297
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to observing standard time year-round and authorizing a
8	8	statewide referendum allowing voters to indicate a preference for
9	9	observing standard time year-round or observing daylight saving
10	10	time year-round.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. (a) Section 312.016, Government Code, is
13	13	amended by adding Subsection (d) to read as follows:
14	14	(d) The state, acting under the exemption provisions of
15	15	Section 3(a), Uniform Time Act of 1966 (15 U.S.C. Section 260a(a)),
16	16	is exempt from the provisions of that law that establish daylight
17	17	saving time. The exemption provided by this subsection applies to
18	18	both the portion of the state using central standard time as the
19	19	official standard time and the portion of the state using mountain
20	20	standard time as the official standard time.
21	21	(b) This section takes effect November 6, 2023, to coincide
22	22	with the end of daylight saving time for 2023.
23	23	SECTION 2. (a) Section 312.016, Government Code, is
24	24	amended by adding Subsection (d) to read as follows:
25	25	(d) The state, acting as authorized under federal law, shall
26	26	observe daylight saving time year-round. This subsection applies
27	27	to both the portion of the state using central standard time as the
28	28	official standard time and the portion of the state using mountain
29	29	standard time as the official standard time.
30	30	(b) Section 312.016(d), Government Code, as added by this
31	31	section, becomes law only if a majority of the votes cast in the
32	32	statewide referendum authorized by Section 3 of this Act are in
33	33	favor of "Observing daylight saving time year-round." If a
34	34	majority of the votes cast in the statewide referendum authorized
35	35	by Section 3 of this Act are not in favor of "Observing daylight
36	36	saving time year-round," this section has no effect.
37	37	SECTION 3. (a) If the United States Congress enacts
38	38	legislation that becomes law that authorizes this state to observe
39	39	daylight saving time year-round, a statewide referendum shall be
40	40	conducted to allow the voters of this state to indicate a preference
41	41	for either:
42	42	(1) observing standard time year-round; or
43	43	(2) observing daylight saving time year-round.
44	44	(b) The ballot for the referendum shall be printed to state
45	45	as follows: "Which of the following do you prefer?
46	46	"Observing standard time year-round."
47	47	"Observing daylight saving time year-round."
48	48	(c) The secretary of state shall design the ballot for the
49	49	referendum to enable a voter to select either of the statements set
50	50	out in Subsection (b) of this section as the voter's preference.
51	51	(d) The proposition for the referendum shall be printed on
52	52	the ballot under the heading: "Referendum Proposition."
53	53	(e) Notice of the election shall be given in the same manner
54	54	that notice of proposed constitutional amendments is given.
55	55	(f) Returns of the votes cast on the proposition shall be
56	56	prepared and canvassed in the same manner as the returns on the
57	57	proposed constitutional amendments. Immediately after the results
58	58	of the election are certified, the secretary of state shall
59	59	transmit a copy of the certification to the lieutenant governor and
60	60	the speaker of the house of representatives.
61	61	(g) Except as provided by Subsection (h) of this section,
62	62	the statewide referendum under this section shall be held during
63	63	the first general election for state and county officers following
64	64	the date the United States Congress enacts legislation that becomes
65	65	law that authorizes this state to observe daylight saving time
66	66	year-round.
67	67	(h) If the date the United States Congress enacts
68	68	legislation that becomes law that authorizes this state to observe
69	69	daylight saving time year-round is less than 74 days before the date
70	70	of the next general election for state and county officers, the
71	71	statewide referendum under this section shall be held during the
72	72	second general election for state and county officers following the
73	73	date the United States Congress enacts legislation that becomes law
74	74	that authorizes this state to observe daylight saving time
75	75	year-round.
76	76	SECTION 4. (a) If the constitutional amendment proposed by
77	77	the 88th Legislature, Regular Session, 2023, authorizing the
78	78	statewide referendum under Section 3 of this Act is approved by the
79	79	voters and if a majority of the votes cast in the statewide
80	80	referendum are in favor of "Observing standard time year-round,"
81	81	Section 312.016(d), Government Code, as added by this Act, remains
82	82	in effect and Section 2 of this Act does not take effect.
83	83	(b) If the constitutional amendment proposed by the 88th
84	84	Legislature, Regular Session, 2023, authorizing the statewide
85	85	referendum under Section 3 of this Act is approved by the voters and
86	86	if a majority of the votes cast in the statewide referendum are in
87	87	favor of "Observing daylight saving time year-round," Section
88	88	312.016(d), Government Code, as added by this Act, is repealed and
89	89	Section 2 of this Act takes effect on the date daylight saving time
90	90	begins after the statewide referendum under Section 3 of this Act.
91	91	SECTION 5. (a) Except as otherwise provided by this Act,
92	92	this Act takes effect September 1, 2023.
93	93	(b) Sections 2, 3, and 4 of this Act take effect only if the
94	94	constitutional amendment proposed by the 88th Legislature, Regular
95	95	Session, 2023, authorizing a referendum election on the issue of
96	96	daylight saving time is approved by the voters. If that amendment
97	97	is not approved by the voters, Sections 2, 3, and 4 of this Act have
98	98	no effect.