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.