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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to regulate a business |
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or occupational license holder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 215, Local Government |
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Code, is amended by adding Section 215.005 to read as follows: |
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Sec. 215.005. STATE LICENSE HOLDERS. (a) In this section: |
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(1) "State license holder" means a person who: |
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(A) is required by state law to obtain a license, |
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permit, registration, certificate, or other evidence of authority |
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from a state licensing authority to practice an occupation, conduct |
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a business, or exercise certain other rights; and |
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(B) is subject to regulation by the licensing |
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authority. |
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(2) "State licensing authority" means a state agency, |
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department, board, or commission. |
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(b) Notwithstanding any other law, the governing body of a |
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municipality may not adopt or enforce an ordinance, rule, or |
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regulation that establishes requirements for, imposes restrictions |
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on, or otherwise regulates the activity of a state license holder |
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within the municipality or the municipality's extraterritorial |
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jurisdiction, except as provided by Subsection (c). |
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(c) A municipality may adopt or enforce: |
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(1) a zoning ordinance under Chapter 211; |
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(2) a commercial building regulation under Chapter |
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214; |
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(3) a sexually oriented business regulation; |
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(4) a fire code; |
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(5) an electrical code; |
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(6) a plumbing code; or |
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(7) an ordinance or regulation concerning wages, |
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benefits, workplace safety, or working conditions. |
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(d) A municipal ordinance, rule, or regulation that |
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violates this section is void and unenforceable. |
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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. |