Texas Government Code 437.110 – Post Exchanges On State Military Property
(a) The department 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 firearms, tobacco products, prepared foods, and malt beverages and wine but not distilled spirits. The department may designate facilities located on state property to use for purposes of this section.
(b) The adjutant general shall adopt regulations 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 regulations that require an individual to show identification indicating the individual is qualified to buy, lease, or rent goods at the post exchange.
Terms Used In Texas Government Code 437.110
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The department 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 this subsection.
(e) The post exchange services account is a unit fund under § 437.211. For purposes of § 437.211, the commander is the installation commander. 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 but not distilled spirits, 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 Alcoholic Beverage Code and the rules of the Texas Alcoholic Beverage Commission.
(g) Chapter 94, Human Resources Code, does not apply to vending facilities operated at a post exchange.