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.