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  H.B. No. 234
 
 
 
 
AN ACT
 
 
  relating to the local regulation of the sale of lemonade or other
  beverages by children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 250, Local Government
  Code, is amended to read as follows:
  CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY [OF
  MUNICIPALITIES AND COUNTIES]
         SECTION 2.  Chapter 250, Local Government Code, is amended
  by adding Section 250.009 to read as follows:
         Sec. 250.009.  CERTAIN SALES OF BEVERAGES BY CHILDREN.
  Notwithstanding any other law, a municipality, county, or other
  local public health authority may not adopt or enforce an
  ordinance, order, or rule that prohibits or regulates, including by
  requiring a license, permit, or fee, the occasional sale of
  lemonade or other nonalcoholic beverages from a stand on private
  property or in a public park by an individual younger than 18 years
  of age.
         SECTION 3.  Chapter 202, Property Code, is amended by adding
  Section 202.020 to read as follows:
         Sec. 202.020.  CERTAIN SALES OF BEVERAGES BY CHILDREN. (a) A
  property owners' association of a residential subdivision may not
  adopt or enforce a restrictive covenant that prohibits or
  regulates, including by requiring a permit or fee, the occasional
  sale of lemonade or other nonalcoholic beverages from a stand on
  property located in the subdivision by an individual younger than
  18 years of age who has the permission of a property owner in the
  subdivision for the sale.
         (b)  A property owners' association:
               (1)  does not owe a duty of care to persons
  participating in a beverage sale described by Subsection (a); and
               (2)  is not liable for any injury to persons
  participating in a beverage sale described by Subsection (a),
  except for wilful or wanton acts or gross negligence of the
  association.
         SECTION 4.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 234 was passed by the House on March
  20, 2019, by the following vote:  Yeas 144, Nays 2, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 234 on May 22, 2019, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 234 on May 26, 2019, by the following vote:  Yeas 144,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 234 was passed by the Senate, with
  amendments, on May 15, 2019, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  234 on May 26, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor