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A BILL TO BE ENTITLED
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AN ACT
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relating to government regulation of an individual's occupation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Labor Code, is amended by |
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adding Chapter 94 to read as follows: |
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CHAPTER 94. RIGHT TO ENGAGE IN OCCUPATION |
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Sec. 94.001. DEFINITION. In this chapter, "government" |
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means the government of this state or any of its political |
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subdivisions. |
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Sec. 94.002. INDIVIDUAL'S RIGHT TO ENGAGE IN OCCUPATION. |
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(a) An individual may engage in an occupation not prohibited by law |
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without being subject to administrative rules or government |
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practices that regulate the occupation and that are substantially |
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burdensome and unnecessary to fulfill the purpose and intent of the |
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statute authorizing the regulation of the occupation. |
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(b) The government may substantially burden an individual's |
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right to engage in an occupation only if the government |
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demonstrates that the burden is necessary to fulfill the purpose |
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and intent of the statute authorizing the regulation of the |
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occupation. |
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Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may |
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assert as a defense in any administrative or judicial proceeding to |
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enforce an administrative rule or government practice that the |
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standard required by Section 94.002(b) has not been met. |
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(b) An individual may bring an action for declaratory |
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judgment or injunctive or other equitable relief for a violation of |
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Section 94.002. |
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(c) An individual who brings an action or asserts a defense |
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under this section must show by a preponderance of the evidence that |
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the administrative rule or government practice substantially |
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burdens the individual's right to engage in an occupation not |
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prohibited by law. |
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(d) If the individual meets the preponderance of the |
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evidence burden provided under Subsection (c), the government must |
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then demonstrate by clear and convincing evidence that the |
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administrative rule or government practice is necessary to fulfill |
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the purpose and intent of the statute authorizing the regulation of |
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the occupation. |
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SECTION 2. Chapter 94, Labor Code, as added by this Act, |
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applies only to an action commenced on or after the effective date |
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of this Act. An action commenced before the effective date of this |
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Act is governed by the law applicable to the action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |