By: Nelson S.B. No. 1200
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to reciprocal privileges for a permit, right, or license
1-2 granted in another state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 7, Government Code, is amended by adding
1-5 Chapter 792 to read as follows:
1-6 CHAPTER 792. RECIPROCITY.
1-7 Sec. 792.001. PURPOSE. The purpose of this Chapter is to
1-8 ensure that any person or entity from another state operating or
1-9 conducting business in this state with reciprocal privileges based
1-10 on a permit, right, or license granted by another state and which
1-11 takes advantage of the resources of this state:
1-12 (1) abide by the same requirements and limitations as
1-13 a person operating or conducting business in this state under a
1-14 similar permit, right, or license granted by this state; and
1-15 (2) is subject to the same enforcement actions and
1-16 civil remedies as an entity with a similar permit, right, or
1-17 license granted by this state.
1-18 Sec. 792.002. REQUIREMENTS FOR RECIPROCITY. Unless
1-19 otherwise expressly waived in statute, a permit, right, or license
1-20 granted in another state may not be given reciprocal privileges in
1-21 this state unless the requirements for the permit, right, or
1-22 license issued in another state are:
2-1 (1) determined to be substantially similar to the
2-2 requirements in this state by:
2-3 (A) the proper administrative agency in this
2-4 state with jurisdiction over the permit, right or license; or
2-5 (B) a court with proper jurisdiction; and
2-6 (2) otherwise consistent with the law of this state.
2-7 Sec. 792.003. ENFORCEMENT. (a) The attorney general and
2-8 the appropriate administrative agency shall have the authority to
2-9 take disciplinary action or civil action against an entity
2-10 operating with reciprocal privileges in this state under a permit,
2-11 right, or license issued by another state.
2-12 (b) Reciprocal privileges may be revoked:
2-13 (1) from a single, individual person for a violation
2-14 of a law or administrative rule of this state; or
2-15 (2) for a class or type of reciprocal privileges if
2-16 the conditions required in the state granting the class or type of
2-17 permit, right, or license are determined not to be sustantially
2-18 similar to those of this state.
2-19 (c) An entity operating in this state with reciprocal
2-20 privileges is subject to the same civil remedies brought by a
2-21 private individual as a person operating in this state under a
2-22 similar permit, right, or license granted by this state.
2-23 (d) A person with a permit, right, or license granted by
2-24 this state for which this state has recognized reciprocal
2-25 privileges for persons in another state has standing to bring suit
2-26 in district court to determine whether reciprocity is proper under
3-1 this section.
3-2 (e) A district court in this state where any person from
3-3 another state is operating with reciprocal privileges shall have
3-4 proper venue and jurisdiction to adjudicate a case or controversy
3-5 arising under this section.
3-6 SECTION 2. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended,
3-11 and that this Act take effect and be in force from and after its
3-12 passage, and it is so enacted.