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A BILL TO BE ENTITLED
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AN ACT
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relating to limits on the regulatory authority of a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 7, Local Government Code, is |
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amended by adding Chapter 230 to read as follows: |
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CHAPTER 230. PREEMPTION OF MUNICIPAL REGULATORY AUTHORITY |
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Sec. 230.001. PREEMPTION. (a) "License" has the meaning |
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assigned by Section 2001.003, Government Code. |
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(b) Any municipal charter provision, ordinance, rule, or |
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regulation that conflicts with any provision of state law is null |
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and void. |
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(c) A municipal charter provision, ordinance, rule or |
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regulation conflicts with state law if: |
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(1) it is a type of ordinance expressly preempted by |
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state law; |
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(2) it regulates an area in which state law is |
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pervasive and occupies the field; |
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(3) it frustrates the purpose of state law; |
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(4) there is no reasonable construction of the |
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municipal ordinance, rule, or regulation under which both the |
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ordinance, rule, or regulation and the state law in question can be |
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given full effect; or |
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(5) it regulates an activity performed under a license |
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issued by the state and either actually or effectively prohibits a |
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person from performing the licensed activity. |
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(d) Subsection (c) is not intended to be an exhaustive list |
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of the ways in which a municipal charter provision, ordinance, |
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rule, or regulation may conflict with state law. |
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(e) The attorney general may bring an action in the name of |
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the state to enforce the provisions of this section. |
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Sec. 230.002. BAG BANS. A municipal charter provision, |
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ordinance, rule or regulation may not: |
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(a) ban the provision or sale of a single-use or carry-out |
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paper or plastic bag; or |
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(b) require the payment of a fee for a single-use or |
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carry-out paper or plastic bag. |
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SECTION 2. This Act takes effect September 1, 2015. |