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