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