| |
|
|
|
| |
|
|
COMMITTEE VOTE |
|
|
|
| |
|
|
YeaNayAbsentPNV |
|
|
SchwertnerX |
|
|
KingX |
|
|
BirdwellX |
|
|
CampbellX |
|
|
CreightonX |
|
|
JohnsonX |
|
|
KolkhorstX |
|
|
MenéndezX |
|
|
MiddletonX |
|
|
NicholsX |
|
|
ZaffiriniX |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to judicial review of certain local laws applicable to |
|
|
state license holders. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Regulations with |
|
|
Economic Impact in Need of Scrutiny (REINS) Act. |
|
|
SECTION 2. The purpose of this Act is to provide a judicial |
|
|
remedy to ensure that a state license holder has the right to engage |
|
|
in an occupation or business activity authorized by and regulated |
|
|
under state law without burdensome or inconsistent local regulation |
|
|
of the state license holder's occupation or lawful business |
|
|
activities. |
|
|
SECTION 3. Title 2, Occupations Code, is amended by adding |
|
|
Chapter 60 to read as follows: |
|
|
CHAPTER 60. JUDICIAL REVIEW OF CERTAIN LOCAL LAWS AFFECTING |
|
|
LICENSE HOLDERS |
|
|
Sec. 60.001. DEFINITIONS. In this chapter: |
|
|
(1) "Local law" means an ordinance, rule, regulation, |
|
|
or other measure adopted by the governing body of a municipality |
|
|
that establishes requirements for, imposes restrictions on, or |
|
|
otherwise regulates the occupation or business activity of a |
|
|
license holder within the municipality or the municipality's |
|
|
extraterritorial jurisdiction. |
|
|
(2) "License holder" means an individual or entity |
|
|
that, under state law, in order to practice the individual's |
|
|
occupation or conduct the entity's business in this state, is |
|
|
required to obtain a license, permit, registration certificate, or |
|
|
other evidence of authority from, and is subject to regulation by, a |
|
|
state licensing authority. |
|
|
(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 a license, permit, registration certificate, or other |
|
|
evidence of authority to an individual or entity authorizing the |
|
|
individual to practice the individual's occupation or the entity to |
|
|
conduct the entity's business in this state. |
|
|
Sec. 60.002. SUIT TO ENJOIN ENFORCEMENT OF CERTAIN LOCAL |
|
|
LAWS AFFECTING LICENSE HOLDERS. (a) A license holder subject to a |
|
|
local law may bring an action under this section to enjoin the |
|
|
enforcement of the local law if the local law: |
|
|
(1) establishes requirements for, imposes |
|
|
restrictions on, or otherwise regulates the occupation or business |
|
|
activity of the license holder in a manner that is more stringent |
|
|
than the requirements, restrictions, or regulations imposed on the |
|
|
license holder under state law; or |
|
|
(2) would result in an adverse economic impact on the |
|
|
license holder. |
|
|
(b) A license holder must bring the action in a district |
|
|
court in: |
|
|
(1) a county that includes any territory of the |
|
|
municipality that adopted the local law; or |
|
|
(2) Travis County. |
|
|
(c) The license holder bringing the action under this |
|
|
section must show by a preponderance of the evidence that the local |
|
|
law is a local law described by Subsection (a). The license holder |
|
|
may provide evidence regarding the adverse economic impact of |
|
|
similar local laws in other jurisdictions inside or outside of this |
|
|
state. |
|
|
(d) If the license holder satisfies the burden of proof |
|
|
required by Subsection (c), the municipality defending the action |
|
|
has the burden of establishing by clear and convincing evidence |
|
|
that the local law: |
|
|
(1) does not conflict with state law; and |
|
|
(2) is necessary and narrowly tailored to protect |
|
|
against actual and specific harm to the public's health or safety. |
|
|
(e) The court may grant any prohibitory or mandatory relief |
|
|
warranted by the facts, including a temporary restraining order, |
|
|
temporary injunction, or permanent injunction. |
|
|
(f) If the license holder prevails in the action, the court |
|
|
shall award to the license holder court costs and reasonable and |
|
|
necessary attorney's fees to be paid by the municipality defending |
|
|
the action. |
|
|
(g) This section does not apply to a local law that |
|
|
establishes requirements for, imposes restrictions on, or |
|
|
otherwise regulates: |
|
|
(1) a sexually oriented business under Chapter 243, |
|
|
Local Government Code; |
|
|
(2) a massage parlor as defined by Section 234.101, |
|
|
Local Government Code; or |
|
|
(3) any conduct under Chapter 393, Finance Code, and |
|
|
any conduct related to a credit services organization, as defined |
|
|
by Section 393.001, Finance Code, or a credit access business, as |
|
|
defined by Section 393.601, Finance Code, if the local law: |
|
|
(A) was adopted before January 1, 2023; and |
|
|
(B) would have been valid under the law as it |
|
|
existed before the date this chapter was enacted. |
|
|
(h) Notwithstanding any other provision of this section: |
|
|
(1) a license holder may not bring an action under this |
|
|
section against a municipality if the license holder is an employee |
|
|
of the municipality; and |
|
|
(2) an association of municipal employees who are |
|
|
license holders may not bring an action under this section if the |
|
|
action relates to a local law governing the working conditions of |
|
|
those employees. |
|
|
SECTION 4. 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, 2023. |
|
|
|
|
|
* * * * * |