By: Springer H.B. No. 3899
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the encouragement of intra-state commerce.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 51, Local Government Code,
  is amended by adding Section 51.004 to read as follows:
         Sec. 51.004.  REGULATION OF UNIQUE LOCAL CONCERNS
  AUTHORIZED; OTHER REGULATION OF STATE-WIDE COMMERCE PROHIBITED.
  (a) In this section:
               (1)  "commercial activity" means the purchase or sale
  of goods or services of any kind or quantity, conducted by a person
  who engages in such activity in more than one municipality in this
  state;
               (2)  "uniquely local concern" means a particularized
  concern unique to the physical conditions in the municipality;
               (3)  "regulation of local land use" means taking action
  consistent with Chapters 211-214 and includes adoption and
  enforcement of building construction standards and permitting,
  barring, or limiting the use of designated property for one or more
  designated types or categories of commercial activity, but shall
  not include any restriction, condition, or regulation of the goods,
  services, transactions, operations, purchaser-seller
  interactions, employment practices, finances, advertising,
  marketing, or any other conduct or practices by a person engaging in
  a commercial activity; and
               (4)  "citizens' physical safety" means protection of
  citizens from physical bodily injury inflicted by physical contact
  with another person, animal, or physical condition on real
  property.
         (b)  Except as authorized by Subsection (c), the governing
  body of a municipality may not adopt or enforce an ordinance, rule,
  or police regulation that imposes a restriction, condition, or
  regulation on commercial activity.
         (c)  The governing body may adopt and enforce an ordinance,
  rule, or police regulation:
               (1)  essential to directly regulating a uniquely local
  concern that the governing body determines cannot be of similar
  concern in another municipality because of the uniqueness of the
  local concern;
               (2)  essential to necessary regulation of local land
  use;
               (3)  essential to protecting citizens' physical safety;
  or
               (4)  that it is expressly authorized to adopt by a
  statute of this state.
         (d)  A governing body acting under Section (c)(1) must
  contemporaneously adopt a detailed written statement describing
  the uniquely local concern and the basis for its determination that
  the concern cannot be of similar concern in another municipality.
         (e)  An ordinance, rule, or police regulation prohibited by
  subsection (b) impairs the free flow of commerce across the state
  and is inconsistent with the general law of this state.
         (f)  A commercial activity that is subject to regulation by
  this state or the United States cannot present any uniquely local
  concern.
         (g)  A state statute that states it does not preempt
  municipal regulatory authority or does not affect municipal
  regulatory authority shall not be construed under Subsection (c)(4)
  to expressly authorize any ordinance, rule, or police regulation.
         SECTION 2.  EFFECTIVE DATE. This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution. If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2019.