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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 municipality to regulate statewide |
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commerce. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 51, Local Government Code, |
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is amended by adding Section 51.004 to read as follows: |
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Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS |
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AUTHORIZED; REGULATION OF STATEWIDE COMMERCE PROHIBITED. (a) In |
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this section: |
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(1) "Citizens' physical safety" means the protection |
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of citizens from physical bodily injury inflicted by physical |
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contact with another person, an animal, or a physical condition on |
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real property. |
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(2) "Commercial activity" means the purchase or sale |
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of goods or services of any kind or quantity by a person who engages |
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in that activity in more than one municipality in this state. |
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(3) "Regulation of local land use" means taking action |
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consistent with Chapter 211, 212, 213, or 214, including adopting |
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and enforcing building construction standards, building |
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permitting, and prohibiting or limiting the use of designated |
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property for one or more designated types or categories of |
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commercial activity. The term does not include any restriction, |
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condition, or regulation of the goods, services, transactions, |
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operations, purchaser-seller interactions, employment practices, |
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finances, advertising, marketing, or any other conduct or practices |
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by a person engaging in a commercial activity. |
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(4) "Uniquely local concern" means a particularized |
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concern unique to the physical conditions in the municipality. The |
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term does not include a commercial activity that is subject to state |
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or federal regulation. |
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(b) Notwithstanding any other law and except as provided by |
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Subsection (c), a municipality may not adopt or enforce an |
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ordinance, regulation, or other measure that imposes a restriction, |
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condition, or regulation on commercial activity. The prohibited |
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action under this subsection impairs the free flow of commerce |
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across the state and is inconsistent with the general law of this |
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state. |
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(c) A municipality may adopt and enforce an ordinance, |
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regulation, or other measure that: |
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(1) is essential to directly regulating a uniquely |
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local concern that the governing body of the municipality |
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determines cannot be of similar concern in another municipality |
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because of the uniqueness of the local concern; |
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(2) is essential to necessary regulation of local land |
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use; |
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(3) is essential to protecting citizens' physical |
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safety; |
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(4) is expressly authorized to be adopted by a state |
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statute; or |
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(5) requires nondiscrimination in the provision of |
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employment or service to any person on the basis of any state or |
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federally protected class. |
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(d) A municipality acting under Subsection (c)(1) must |
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contemporaneously adopt a detailed written statement describing |
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the uniquely local concern and the basis for the municipality's |
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determination that the concern cannot be of similar concern in |
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another municipality. |
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(e) For purposes of Subsection (c)(4), a state statute that |
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provides the statute does not preempt or affect municipal |
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regulatory authority may not be construed to expressly authorize an |
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ordinance, regulation, or other measure. |
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SECTION 2. This Act takes effect September 1, 2023. |