By: Springer S.B. No. 1461
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a municipality to regulate statewide
  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; REGULATION OF STATEWIDE COMMERCE PROHIBITED. (a) In
  this section:
               (1)  "Citizens' physical safety" means the protection
  of citizens from physical bodily injury inflicted by physical
  contact with another person, an animal, or a physical condition on
  real property.
               (2)  "Commercial activity" means the purchase or sale
  of goods or services of any kind or quantity by a person who engages
  in that activity in more than one municipality in this state.
               (3)  "Regulation of local land use" means taking action
  consistent with Chapters 211 through 214, including adopting and
  enforcing building construction standards, building permitting,
  and barring or limiting the use of designated property for one or
  more designated types or categories of commercial activity. The
  term does 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.
               (4)  "Uniquely local concern" means a particularized
  concern unique to the physical conditions in the municipality. The
  term does not include a commercial activity that is subject to state
  or federal regulation.
         (b)  Notwithstanding any other law and except as provided by
  Subsection (c), a municipality may not adopt or enforce an
  ordinance, rule, or regulation that imposes a restriction,
  condition, or regulation on commercial activity. The prohibited
  action under this subsection impairs the free flow of commerce
  across the state and is inconsistent with the general law of this
  state.
         (c)  A municipality may adopt and enforce an ordinance, rule,
  or regulation that:
               (1)  is essential to directly regulating a uniquely
  local concern that the governing body of the municipality
  determines cannot be of similar concern in another municipality
  because of the uniqueness of the local concern;
               (2)  is essential to necessary regulation of local land
  use;
               (3)  is essential to protecting citizens' physical
  safety;
               (4)  is expressly authorized to be adopted by a state
  statute; or
               (5)  requires nondiscrimination in the provision of
  employment or service to any person on the basis of any state or
  federally protected class.
         (d)  A municipality acting under Subsection (c)(1) must
  contemporaneously adopt a detailed written statement describing
  the uniquely local concern and the basis for the municipality's
  determination that the concern cannot be of similar concern in
  another municipality.
         (e)  For purposes of Subsection (c)(4), a state statute that
  provides the statute does not preempt or affect municipal
  regulatory authority may not be construed to expressly authorize an
  ordinance, rule, or regulation.
         SECTION 2.  This Act takes effect September 1, 2021.