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A BILL TO BE ENTITLED
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AN ACT
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relating to state preemption of and the effect of certain state |
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health and safety laws on certain municipal and county regulations, |
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including a law providing that an elephant is a dangerous wild |
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animal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102A.002, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any |
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person who has sustained an injury in fact, actual or threatened, |
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from a municipal or county ordinance, order, or rule adopted or |
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enforced by a municipality or county in violation of any of the |
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following provisions or a trade association representing the person |
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has standing to bring and may bring an action against the |
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municipality or county: |
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(1) Section 1.004, Agriculture Code; |
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(2) Section 1.109, Business & Commerce Code; |
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(3) Section 1.004, Finance Code; |
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(4) Section 1.006, Health and Safety Code; |
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(5) Section 30.005, Insurance Code; |
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(6) [(5)] Section 1.005, Labor Code; |
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(7) [(6)] Section 229.901, Local Government Code; |
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(8) [(7)] Section 1.003, Natural Resources Code; |
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(9) [(8)] Section 1.004, Occupations Code; or |
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(10) [(9)] Section 1.004, Property Code. |
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SECTION 2. Chapter 1, Health and Safety Code, is amended by |
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adding Section 1.006 to read as follows: |
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Sec. 1.006. PREEMPTION. Unless expressly authorized by |
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another statute, a municipality or county may not adopt, enforce, |
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or maintain an ordinance, order, or rule regulating conduct in a |
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field of regulation that is occupied by a provision of this code. An |
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ordinance, order, or rule that violates this section is void, |
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unenforceable, and inconsistent with this code. |
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SECTION 3. Section 822.101(4), Health and Safety Code, is |
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amended to read as follows: |
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(4) "Dangerous wild animal" means: |
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(A) a lion; |
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(B) a tiger; |
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(C) an ocelot; |
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(D) a cougar; |
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(E) a leopard; |
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(F) a cheetah; |
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(G) a jaguar; |
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(H) a bobcat; |
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(I) a lynx; |
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(J) a serval; |
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(K) a caracal; |
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(L) a hyena; |
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(M) a bear; |
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(N) a coyote; |
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(O) a jackal; |
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(P) a baboon; |
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(Q) a chimpanzee; |
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(R) an orangutan; |
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(S) a gorilla; |
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(T) an elephant; or |
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(U) [(T)] any hybrid of an animal listed in this |
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subdivision. |
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SECTION 4. Chapter 102A, Civil Practice and Remedies Code, |
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as amended by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |