By:AAKrause, Middleton, Guillen, Phelan, H.B.ANo.A234
AAAAAPrice, et al.
A BILL TO BE ENTITLED
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:
SECTIONA1.AAThe heading to Chapter 250, Local Government
Code, is amended to read as follows:
CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY [OF
MUNICIPALITIES AND COUNTIES]
SECTIONA2.AAChapter 250, Local Government Code, is amended
by adding Section 250.009 to read as follows:
Sec.A250.009.AACERTAIN 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 thatsale of lemonade or other nonalcoholic beverages from a stand on
property located in the subdivision by an individual younger than
18 years of age.
SECTIONA4.AAThis Act takes effect September 1, 2019.

H.B.ANo.A234 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.
SECTIONA3.AAChapter 202, Property Code, is amended by adding
Section 202.020 to read as follows:
Sec.A202.020.AACERTAIN SALES OF BEVERAGES BY CHILDREN. 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