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A BILL TO BE ENTITLED
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AN ACT
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relating to the preemption of a local law by state law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Local Government Code, is amended by |
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adding Section 1.006 to read as follows: |
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Sec. 1.006. STATE LAW PREEMPTION. (a) In this section: |
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(1) "local government" means a county, municipality, |
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or other political subdivision of this state; and |
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(2) "license" has the meaning assigned by Section |
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2001.003, Government Code. |
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(b) The Legislature finds that no local government shall |
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contradict or undermine a state law, rule, regulation, permit, or |
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license. |
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(c) A local government shall not adopt or enforce a local |
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ordinance, rule, or regulation that regulates a particular subject |
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if a state law preempts regulation of the subject by a local |
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government. |
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(d) A local government shall not adopt or enforce a local |
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ordinance, rule, or regulation that conflicts with, is more |
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stringent than, or is inconsistent with a state law, rule, |
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regulation, permit, or a license. |
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(e) A local government shall not regulate an activity |
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performed under a license issued by a state agency in such a manner |
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that the activity effectively cannot reasonably be performed within |
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the limits or extraterritorial jurisdiction of the municipality. |
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(f) Governmental immunity to suit and liability is waived |
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and abolished to the extent of liability for the relief allowed |
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under Subsections (i) and (j) for a violation of this section. |
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(g) A person who is adversely affected by a violation of |
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this section may file suit against the local government. The |
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attorney general may file suit against a local government to |
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enforce this section. |
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(h) A person filing suit under Subsection (e) may choose the |
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venue for the suit from either the district court of Travis County |
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or the county in which the violation occurred. |
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(i) A court may award a plaintiff in a civil action brought |
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under this section: |
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(1) declaratory relief under Chapter 37, Civil |
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Practice and Remedies Code; |
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(2) injunctive relief to prevent the threatened |
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violation or continued violation; and, |
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(3) actual damages. |
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(j) If a plaintiff prevails in a suit brought under this |
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section, a court shall award to the plaintiff reasonable attorney's |
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fees, court costs, and other reasonable expenses required in |
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bringing the action. |
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SECTION 2. Section 1.006, Local Government Code, as added |
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by this Act, applies to an ordinance, rule, or regulation adopted by |
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a local government before, on, or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2015. |