| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to 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, "state agency" |
|
|
means an agency, department, board, or commission of the state. |
|
|
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 a state agency rule, policy, or practice |
|
|
that regulates the occupation if the rule, policy, or practice is: |
|
|
(1) substantially burdensome; and |
|
|
(2) unnecessary to fulfill the purpose and intent of |
|
|
the statute authorizing the regulation of the occupation. |
|
|
(b) A state agency rule, policy, or practice may |
|
|
substantially burden an individual's right to engage in an |
|
|
occupation only if the agency demonstrates that the rule, policy, |
|
|
or practice is necessary to fulfill the purpose and intent of the |
|
|
statute authorizing the regulation of the occupation. |
|
|
Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may |
|
|
assert as a defense in any administrative or judicial proceeding to |
|
|
enforce a state agency rule, policy, or practice 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 must show by a preponderance of the evidence that |
|
|
the state agency rule, policy, or practice substantially burdens |
|
|
the individual's right to engage in an occupation not prohibited by |
|
|
law. |
|
|
(d) If the individual meets the preponderance of the |
|
|
evidence burden provided under Subsection (c), the state agency |
|
|
must then demonstrate by clear and convincing evidence that the |
|
|
agency rule, policy, or practice is necessary to fulfill the |
|
|
purpose and intent of the statute authorizing the regulation of the |
|
|
occupation. |
|
|
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, 2013. |