BILL ANALYSIS

H.B. 3081

By: Capriglione

Investments & Financial Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that subjecting persons and business activities subject to regulation by a state finance agency to regulation by municipal ordinance has the potential to create a patchwork of regulations across Texas that results in inconsistency in the legal landscape.
H.B. 3081 seeks to address this issue by limiting the regulations to which such a person or business activity is subject to applicable federal law and regulations and applicable state law, including rules adopted by the Finance Commission of Texas, unless expressly provided otherwise by the Finance Code.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3081 amends the Finance Code to limit the regulations to which a business entity or other person that is subject to the primary regulatory authority of the state finance agency from which the entity is required by state law to obtain a license, permit, registration certificate, or other evidence of authority to practice the person's occupation or conduct the entity's business in Texas, and the entity's or person's business activities subject to that regulatory authority, are subject to applicable federal law and regulations and applicable state law, including rules adopted by the Finance Commission of Texas, except as otherwise expressly provided by the Finance Code.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.