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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 state |
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licensees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 229, Local Government Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. MUNICIPAL REGULATION OF STATE LICENSEES |
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Sec. 229.101. DEFINITIONS. In this subchapter: |
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(1) "State licensee" means a person or entity that, |
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under state law, in order to practice the person's occupation or |
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conduct the entity's business in this state, is required to obtain a |
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license, permit, registration certificate, or other evidence of |
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authority from, and is subject to regulation by, a state 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 or the executive or administrative |
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officer of a state agency, department, board, or commission, |
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including the Finance Commission of Texas, the Texas Department of |
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Insurance, the Railroad Commission of Texas, and the Texas |
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Commission on Environmental Quality. |
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Sec. 229.102. MUNICIPAL REGULATION OF STATE LICENSEES. (a) |
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Notwithstanding any other state law, including Section 51.001, |
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unless expressly authorized by state law, the governing body of a |
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municipality may not adopt or enforce any ordinance, rule, or |
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regulation that establishes requirements for, imposes restrictions |
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on, or otherwise regulates the business activities of a state |
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licensee within the municipality or the municipality's |
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extraterritorial jurisdiction. |
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(b) A municipal ordinance, rule, or regulation that violates |
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this section is void and unenforceable. |
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SECTION 2. This Act takes effect September 1, 2015. |