86R10555 NC-F
 
  By: Swanson H.B. No. 3734
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the preemption of municipal and county regulatory
  authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 7, Local Government Code, is
  amended by adding Chapter 247 to read as follows:
  CHAPTER 247. PREEMPTION OF MUNICIPAL AND COUNTY REGULATORY
  AUTHORITY
         Sec. 247.001.  DEFINITIONS. In this chapter:
               (1)  "License" has the meaning assigned by Section
  2001.003, Government Code.
               (2)  "Regulation" includes a charter provision,
  ordinance, order, or rule.
         Sec. 247.002.  PREEMPTION.  (a)  A municipality or county may
  not adopt or enforce a regulation that conflicts with a state law.  
  A regulation that conflicts with a state law is void.
         (b)  For purposes of this section, a municipal or county
  regulation that conflicts with a state law includes a regulation:
               (1)  that is a type of regulation expressly preempted
  by the state law;
               (2)  that regulates an area in which state law is
  pervasive and occupies the field;
               (3)  that frustrates the purpose of the state law;
               (4)  for which there is no reasonable construction
  under which the regulation and the state law can be given full
  effect; or
               (5)  that regulates an activity performed under a
  license issued by the state and actually or effectively prohibits a
  person from performing the licensed activity.
         Sec. 247.003.  ENFORCEMENT BY ATTORNEY GENERAL.  (a)  The
  attorney general may bring an action in the name of the state for
  injunctive or declaratory relief for a violation of this chapter.
         (b)  The attorney general may file the action in a district
  court in:
               (1)  Travis County;
               (2)  if the action is brought against a municipality,
  the county in which the municipality is primarily located; or
               (3)  the county against which the action is brought.
         SECTION 2.  This Act takes effect September 1, 2019.