| |
| |
|
|
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 a person 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, other than Subsection |
|
|
(d), if a person is required to possess an occupational license |
|
|
issued by a state licensing authority to engage in an occupation, a |
|
|
political subdivision may not adopt or enforce any ordinance, |
|
|
order, rule, regulation, law, or policy that: |
|
|
(1) requires the person to possess an occupational |
|
|
license issued by the political subdivision to engage in that |
|
|
occupation; or |
|
|
(2) is more stringent than or is inconsistent with a |
|
|
law of this state or a rule adopted by the applicable state |
|
|
licensing authority and that regulates in any manner a contract |
|
|
entered into between the person and a member of the public for the |
|
|
purchase of goods or services from the person. |
|
|
(c) An ordinance, order, rule, regulation, law, or policy |
|
|
that violates Subsection (b) is void and unenforceable. |
|
|
(d) This section does not limit the authority of a political |
|
|
subdivision to adopt and enforce: |
|
|
(1) a zoning regulation, including a zoning regulation |
|
|
or zoning district boundary adopted under Chapter 211 or 231, Local |
|
|
Government Code; |
|
|
(2) a restriction on the location where an occupation |
|
|
may be engaged in, including a restriction on the location of a |
|
|
sexually oriented business or a business licensed or permitted |
|
|
under the Alcoholic Beverage Code to sell an alcoholic beverage; |
|
|
(3) a requirement on a towing company or a vehicle |
|
|
storage facility, as those terms are defined by Section 2308.002, |
|
|
to register with the political subdivision in which the company or |
|
|
facility operates, without payment of any fee or complying with any |
|
|
other condition, solely for the purpose of facilitating an incident |
|
|
management tow, as defined by that section, and storing the towed |
|
|
vehicle; or |
|
|
(4) an ordinance, order, rule, regulation, law, or |
|
|
policy that protects the health or safety of persons in the |
|
|
political subdivision, as authorized by other law, including |
|
|
Chapters 121, 122, 146, 341, 343, and 437, Health and Safety Code, |
|
|
and Chapter 214, Local Government Code. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |