| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a political subdivision to regulate |
|
|
certain activities. |
|
|
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. PREEMPTION |
|
|
Sec. 60.001. PREEMPTION OF LOCAL LICENSING REQUIREMENTS. |
|
|
(a) In this section: |
|
|
(1) "Occupational license" means a license, permit, |
|
|
registration certificate, or other authorization that is: |
|
|
(A) issued by a licensing authority; and |
|
|
(B) required by an ordinance, rule, regulation, |
|
|
policy, or law for an individual to engage in an occupation. |
|
|
(2) "Political subdivision" means a county, |
|
|
municipality, special district, or other political subdivision of |
|
|
this state. |
|
|
(3) "State licensing authority" means a state agency, |
|
|
department, board, or commission or the executive or administrative |
|
|
officer of a state agency, department, board, or commission that |
|
|
issues an occupational license. |
|
|
(b) Notwithstanding any other law, if an individual is |
|
|
required to possess an occupational license issued by a state |
|
|
licensing authority to engage in an occupation, the governing body |
|
|
of a political subdivision may not adopt or enforce any ordinance, |
|
|
order, rule, regulation, law, or policy that requires the |
|
|
individual to: |
|
|
(1) possess an occupational license issued by the |
|
|
political subdivision to engage in that occupation; or |
|
|
(2) meet any other requirement or precondition to |
|
|
engage in that occupation. |
|
|
(c) An ordinance, order, rule, regulation, law, or policy |
|
|
that violates this section is void and unenforceable. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |