Bill Text: TX SB1732 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to authorizing the adjutant general to operate post exchanges on state military property.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB1732 Detail]
Download: Texas-2011-SB1732-Engrossed.html
Bill Title: Relating to authorizing the adjutant general to operate post exchanges on state military property.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB1732 Detail]
Download: Texas-2011-SB1732-Engrossed.html
By: Van de Putte | S.B. No. 1732 |
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relating to authorizing the adjutant general to operate post | ||
exchanges on state military property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 431, Government Code, is | ||
amended by adding Section 431.040 to read as follows: | ||
Sec. 431.040. POST EXCHANGES ON STATE MILITARY PROPERTY. | ||
(a) The adjutant general may establish and contract for the | ||
operation of not more than three military-type post exchanges | ||
similar to those operated by the armed forces of the United States | ||
on any real property under the management and control of the | ||
department. A post exchange may sell, lease, or rent goods and | ||
services, including beer and wine, tobacco products, and prepared | ||
foods. The adjutant general may designate facilities located on | ||
department property to use for purposes of this section. | ||
(b) The adjutant general shall adopt rules to govern post | ||
exchanges established under this section that are similar to the | ||
procedures, policies, and restrictions governing exchanges of the | ||
Army and Air Force Exchange Service, including rules that require | ||
an individual to show identification that indicates that the | ||
individual is qualified to buy, lease, or rent goods at the post | ||
exchange. | ||
(c) The adjutant general shall contract with a person to | ||
operate a post exchange created under this section. | ||
(d) A post exchange may sell, lease, or rent goods and | ||
services only to: | ||
(1) active, retired, and reserve members of the United | ||
States armed services; | ||
(2) active and retired members of the state military | ||
forces; | ||
(3) full-time employees of the adjutant general's | ||
department; and | ||
(4) dependents of an individual described by | ||
Subdivisions (1)-(3). | ||
(e) The post exchange services account is a company fund | ||
under Section 431.014 and may be used in a manner authorized by the | ||
General Appropriations Act for local funds. The post exchange | ||
services account is exempt from the application of Sections 403.095 | ||
and 404.071. The account consists of: | ||
(1) money received from the operation of post | ||
exchanges created under this section; and | ||
(2) all interest attributable to money held in the | ||
account. | ||
(f) A post exchange created under this section may sell | ||
goods and services, including beer and wine, for off-premises | ||
consumption if the operator of the exchange holds the appropriate | ||
license or permit issued by the Texas Alcoholic Beverage | ||
Commission. The licensee or permittee shall comply in all respects | ||
with the provisions of the Alcoholic Beverage Code and the rules of | ||
the Texas Alcoholic Beverage Commission. The department may use | ||
appropriated money to purchase alcoholic beverages for sale at a | ||
post exchange. | ||
(g) Chapter 94, Human Resources Code, does not apply to | ||
vending facilities operated at a post exchange. | ||
SECTION 2. Subchapter H, Chapter 151, Tax Code, is amended | ||
by adding Section 151.344 to read as follows: | ||
Sec. 151.344. POST EXCHANGES ON STATE MILITARY PROPERTY. | ||
(a) A taxable item sold, leased, or rented to, or stored, used, or | ||
consumed by, a post exchange under Section 431.040, Government | ||
Code, is exempt from the taxes imposed by this chapter. | ||
(b) A taxable item sold, leased, or rented by a post | ||
exchange under Section 431.040, Government Code, is exempt from the | ||
taxes imposed by this chapter. | ||
SECTION 3. This Act takes effect immediately if it 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, 2011. |