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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of occupations by this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 60 to read as follows: |
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CHAPTER 60. ENFORCEMENT OF OCCUPATIONAL REGULATIONS |
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Sec. 60.001. DEFINITIONS. In this chapter: |
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(1) "License" means a license, certificate, |
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registration, permit, or other form of authorization required by |
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law or a state agency rule that must be obtained by an individual to |
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engage in a particular occupation. |
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(2) "State agency" means a department, board, bureau, |
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commission, committee, division, office, council, or agency of the |
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state. |
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Sec. 60.002. POLICY REGARDING REGULATION OF OCCUPATIONS; |
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CONSTRUCTION. (a) It is the policy of this state that: |
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(1) an individual in this state has the right to engage |
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in any lawful occupation without excessive governmental |
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regulation; and |
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(2) a lawful occupation may be regulated by the state |
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only if the regulation is: |
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(A) necessary to further an important interest of |
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the state in protecting against a recognizable harm to the health or |
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safety of the public; and |
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(B) the least restrictive means necessary to |
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further the interest described by Paragraph (A). |
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(b) In any action under this chapter, a court or |
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administrative law judge shall liberally construe this chapter in |
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order to give effect to the policy under Subsection (a). |
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Sec. 60.003. APPLICATION OF CHAPTER. This chapter applies |
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to any regulation of a lawful occupation unless the statute |
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providing for the regulation expressly states that the regulation |
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is not subject to this chapter. |
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Sec. 60.004. DEFENSE AVAILABLE. In any enforcement action |
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by a state agency against an individual for failure to comply with |
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an occupational regulation, including a requirement to obtain a |
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license to engage in a lawful occupation, the individual may |
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present evidence that the regulation substantially burdens the |
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individual's right to engage in a lawful occupation. The state |
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agency has the burden of establishing by clear and convincing |
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evidence that the occupational regulation that the agency seeks to |
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enforce is: |
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(1) necessary to further an important interest of the |
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state in protecting against a recognizable harm to the health or |
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safety of the public; and |
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(2) the least restrictive means necessary to further |
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the interest described by Subdivision (1). |
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Sec. 60.005. DECLARATORY JUDGMENT. (a) An individual may |
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file suit against the state for declaratory judgment that a |
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regulatory requirement imposed on an occupation violates Section |
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60.002(a). |
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(b) An action under this section may be brought only in a |
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district court in Travis County. |
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SECTION 2. This Act takes effect September 1, 2015. |