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A BILL TO BE ENTITLED
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AN ACT
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relating to authority of a municipality to adopt certain |
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ordinances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.001, Local Government Code, is |
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amended to read as follows: |
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Sec. 51.001. ORDINANCE, RULE, OR REGULATION NECESSARY TO |
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CARRY OUT OTHER POWERS. (a) Except as provided by Subsection (b), |
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the [The] governing body of a municipality may adopt, publish, |
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amend, or repeal an ordinance, rule, or police regulation that: |
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(1) is for the good government, peace, or order of the |
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municipality or for the trade and commerce of the municipality; and |
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(2) is necessary or proper for carrying out a power |
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granted by law to the municipality or to an office or department of |
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the municipality. |
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(b) The governing body of a municipality may adopt and |
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enforce an ordinance, rule, or regulation under this section or any |
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other state law to regulate a person who holds a license issued by a |
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state agency only if state law expressly authorizes the governing |
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body of a municipality to adopt and enforce an ordinance, rule, or |
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regulation to regulate the person in the manner in which the |
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ordinance, rule, or regulation proposes to regulate the person. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |