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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a political subdivision to regulate |
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certain activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 60 to read as follows: |
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CHAPTER 60. PREEMPTION |
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Sec. 60.001. PREEMPTION OF LOCAL LICENSING REQUIREMENTS. |
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(a) In this section: |
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(1) "Occupational license" means a license, permit, |
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registration, certificate, or other authorization that is: |
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(A) issued by a licensing authority; and |
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(B) required by an ordinance, rule, regulation, |
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policy, or law for a person to engage in an occupation. |
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(2) "Political subdivision" means a county, |
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municipality, special district, or other political subdivision of |
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this state. |
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(3) "State licensing authority" means a state agency, |
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department, board, or commission or the executive or administrative |
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officer of a state agency, department, board, or commission that |
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issues an occupational license. |
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(b) Notwithstanding any other law, other than Subsection |
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(d), if a person is required to possess an occupational license |
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issued by a state licensing authority to engage in an occupation, a |
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political subdivision may not adopt or enforce any ordinance, |
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order, rule, regulation, law, or policy that: |
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(1) requires the person to possess an occupational |
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license issued by the political subdivision to engage in that |
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occupation; or |
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(2) is more stringent than or is inconsistent with a |
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law of this state or a rule adopted by the applicable state |
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licensing authority and that regulates in any manner a contract |
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entered into between the person and a member of the public for the |
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purchase of goods or services from the person. |
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(c) An ordinance, order, rule, regulation, law, or policy |
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that violates Subsection (b) is void and unenforceable. |
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(d) This section does not limit the authority of a political |
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subdivision to adopt and enforce: |
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(1) a zoning regulation, including a zoning regulation |
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or zoning district boundary adopted under Chapter 211 or 231, Local |
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Government Code; |
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(2) a restriction on the location where an occupation |
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may be engaged in, including a restriction on the location of a |
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sexually oriented business or a business licensed or permitted |
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under the Alcoholic Beverage Code to sell an alcoholic beverage; |
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(3) a requirement on a towing company or a vehicle |
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storage facility, as those terms are defined by Section 2308.002, |
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to register with the political subdivision in which the company or |
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facility operates, without payment of any fee or complying with any |
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other condition, solely for the purpose of facilitating an incident |
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management tow, as defined by that section, and storing the towed |
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vehicle; |
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(4) an ordinance, order, rule, regulation, law, or |
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policy that protects the health or safety of persons in the |
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political subdivision, as authorized by other law, including |
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Chapters 121, 122, 146, 341, 343, and 437, Health and Safety Code, |
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and Chapter 214, Local Government Code; or |
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(5) an ordinance, order, rule, regulation, law, or |
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policy regulating any conduct under Chapter 393, Finance Code, and |
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any conduct related to a credit services organization, as defined |
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by Section 393.001, Finance Code, or a credit access business, as |
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defined by Section 393.601, Finance Code, if: |
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(A) the political subdivision adopted the |
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ordinance, order, rule, regulation, law, or policy before January |
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1, 2023; and |
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(B) the ordinance, order, rule, regulation, law, |
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or policy would have been valid under the law as it existed on |
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August 31, 2023. |
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SECTION 2. This Act takes effect September 1, 2023. |