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AN ACT
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relating to authorizing the adjutant general to operate post |
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exchanges on state military property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 431, Government Code, is |
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amended by adding Section 431.040 to read as follows: |
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Sec. 431.040. POST EXCHANGES ON STATE MILITARY PROPERTY. |
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(a) The adjutant general may establish and contract for the |
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operation of not more than three military-type post exchanges |
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similar to those operated by the armed forces of the United States |
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on any real property under the management and control of the |
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department. A post exchange may sell, lease, or rent goods and |
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services, including tobacco products, prepared foods, and beer and |
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wine but not distilled spirits. The adjutant general may designate |
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facilities located on department property to use for purposes of |
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this section. |
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(b) The adjutant general shall adopt rules to govern post |
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exchanges established under this section that are similar to the |
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procedures, policies, and restrictions governing exchanges of the |
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Army and Air Force Exchange Service, including rules that require |
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an individual to show identification that indicates that the |
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individual is qualified to buy, lease, or rent goods at the post |
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exchange. |
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(c) The adjutant general shall contract with a person to |
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operate a post exchange created under this section. |
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(d) A post exchange may sell, lease, or rent goods and |
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services only to: |
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(1) active, retired, and reserve members of the United |
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States armed services; |
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(2) active and retired members of the state military |
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forces; |
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(3) full-time employees of the adjutant general's |
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department; and |
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(4) dependents of an individual described by |
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Subdivisions (1)-(3). |
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(e) The post exchange services account is a company fund |
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under Section 431.014 and may be used in a manner authorized by the |
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General Appropriations Act for local funds. The post exchange |
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services account is exempt from the application of Sections 403.095 |
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and 404.071. The account consists of: |
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(1) money received from the operation of post |
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exchanges created under this section; and |
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(2) all interest attributable to money held in the |
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account. |
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(f) A post exchange created under this section may sell |
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goods and services, including beer and wine but not distilled |
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spirits, for off-premises consumption if the operator of the |
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exchange holds the appropriate license or permit issued by the |
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Texas Alcoholic Beverage Commission. The licensee or permittee |
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shall comply in all respects with the provisions of the Alcoholic |
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Beverage Code and the rules of the Texas Alcoholic Beverage |
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Commission. |
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(g) Chapter 94, Human Resources Code, does not apply to |
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vending facilities operated at a post exchange. |
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SECTION 2. Subchapter H, Chapter 151, Tax Code, is amended |
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by adding Section 151.344 to read as follows: |
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Sec. 151.344. POST EXCHANGES ON STATE MILITARY PROPERTY. |
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(a) A taxable item sold, leased, or rented to, or stored, used, or |
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consumed by, a post exchange under Section 431.040, Government |
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Code, is exempt from the taxes imposed by this chapter. |
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(b) A taxable item sold, leased, or rented by a post |
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exchange under Section 431.040, Government Code, is exempt from the |
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taxes imposed by this chapter. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1732 passed the Senate on |
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April 21, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1732 passed the House, with |
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amendment, on May 23, 2011, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |