85R124 SRS-F
 
  By: White H.B. No. 552
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of occupations by this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Occupations Code, is amended by adding
  Chapter 60 to read as follows:
  CHAPTER 60. ENFORCEMENT OF OCCUPATIONAL REGULATIONS
         Sec. 60.001.  DEFINITIONS. In this chapter:
               (1)  "License" means a license, certificate,
  registration, permit, or other form of authorization required by
  law or a state agency rule that must be obtained by an individual to
  engage in a particular occupation.
               (2)  "State agency" means a department, board, bureau,
  commission, committee, division, office, council, or agency of the
  state.
         Sec. 60.002.  REGULATION OF OCCUPATIONS. (a) An individual
  in this state has the right to engage in any lawful occupation
  without burdensome governmental regulation.
         (b)  A lawful occupation may be regulated by the state only
  if the state agency enforcing the regulation demonstrates that the
  regulation is:
               (1)  necessary to fulfill the purpose and intent of the
  statute authorizing the occupation's regulation; and
               (2)  not substantially burdensome.
         Sec. 60.003.  DEFENSE AVAILABLE. (a)  In any enforcement
  action by a state agency against an individual for failure to comply
  with an occupational regulation, including a requirement to obtain
  a license to engage in a lawful occupation, the individual may
  present evidence that the regulation substantially burdens the
  individual's right to engage in a lawful occupation.
         (b)  If the individual shows by a preponderance of the
  evidence that the regulation substantially burdens the
  individual's right to engage in a lawful occupation, the state
  agency has the burden of establishing by clear and convincing
  evidence that the occupational regulation that the agency seeks to
  enforce is necessary to fulfill the purpose and intent of the
  statute authorizing the occupation's regulation.
         Sec. 60.004.  RELIEF. An individual may file suit against
  the state for declaratory judgment or injunction or other equitable
  relief that a regulatory requirement imposed on an occupation
  violates Section 60.002(b).
         SECTION 2.  Chapter 60, Occupations Code, as added by this
  Act, applies only to a disciplinary hearing or other action that
  commences on or after the effective date of this Act.  A
  disciplinary hearing or action that commences before that date is
  governed by the law in effect at the time the disciplinary hearing
  or action commenced, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.