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A BILL TO BE ENTITLED
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AN ACT
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relating to the encouragement of intra-state commerce. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 51, Local Government Code, |
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is amended by adding Section 51.004 to read as follows: |
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Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS |
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AUTHORIZED; OTHER REGULATION OF STATE-WIDE COMMERCE PROHIBITED. |
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(a) In this section: |
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(1) "commercial activity" means the purchase or sale |
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of goods or services of any kind or quantity, conducted by a person |
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who engages in such activity in more than one municipality in this |
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state; |
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(2) "uniquely local concern" means a particularized |
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concern unique to the physical conditions in the municipality; |
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(3) "regulation of local land use" means taking action |
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consistent with Chapters 211-214 and includes adoption and |
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enforcement of building construction standards and permitting, |
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barring, or limiting the use of designated property for one or more |
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designated types or categories of commercial activity, but shall |
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not include any restriction, condition, or regulation of the goods, |
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services, transactions, operations, purchaser-seller |
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interactions, employment practices, finances, advertising, |
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marketing, or any other conduct or practices by a person engaging in |
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a commercial activity; and |
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(4) "citizens' physical safety" means protection of |
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citizens from physical bodily injury inflicted by physical contact |
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with another person, animal, or physical condition on real |
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property. |
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(b) Except as authorized by Subsection (c), the governing |
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body of a municipality may not adopt or enforce an ordinance, rule, |
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or police regulation that imposes a restriction, condition, or |
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regulation on commercial activity. |
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(c) The governing body may adopt and enforce an ordinance, |
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rule, or police regulation: |
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(1) essential to directly regulating a uniquely local |
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concern that the governing body determines cannot be of similar |
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concern in another municipality because of the uniqueness of the |
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local concern; |
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(2) essential to necessary regulation of local land |
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use; |
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(3) essential to protecting citizens' physical safety; |
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or |
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(4) that it is expressly authorized to adopt by a |
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statute of this state. |
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(d) A governing body acting under Section (c)(1) must |
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contemporaneously adopt a detailed written statement describing |
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the uniquely local concern and the basis for its determination that |
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the concern cannot be of similar concern in another municipality. |
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(e) An ordinance, rule, or police regulation prohibited by |
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subsection (b) impairs the free flow of commerce across the state |
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and is inconsistent with the general law of this state. |
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(f) A commercial activity that is subject to regulation by |
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this state or the United States cannot present any uniquely local |
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concern. |
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(g) A state statute that states it does not preempt |
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municipal regulatory authority or does not affect municipal |
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regulatory authority shall not be construed under Subsection (c)(4) |
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to expressly authorize any ordinance, rule, or police regulation. |
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SECTION 2. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2019. |