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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 |
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occupations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 215, Local Government |
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Code, is amended by adding Section 215.001 to read as follows: |
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Sec. 215.001. MUNICIPAL REGULATION OF OCCUPATIONS IN |
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GENERAL. (a) In this section: |
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(1) "Occupational license" means a license, permit, |
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registration certificate, or other evidence of authority that is: |
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(A) issued by a licensing authority; and |
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(B) required by an ordinance or a law for a person |
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to practice an occupation. |
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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 that |
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issues an occupational license. |
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(b) Notwithstanding any other state law, including Section |
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51.001, unless expressly authorized by state law, the governing |
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body of a municipality may not adopt or enforce any ordinance, rule, |
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or regulation that: |
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(1) establishes additional, more stringent licensing |
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requirements for an occupation that requires an occupational |
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license issued by a state licensing authority; or |
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(2) requires a person to obtain an occupational |
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license issued by the municipality. |
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(c) 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, 2017. |