Texas Senate Bill SB2178

Texas 2017 - 85th Regular

Caption

Relating to judicial review of certain regulations that apply to state licensees.

Impact

If passed, SB2178 would amend the Occupations Code, introducing Chapter 60 that focuses on local regulations affecting state licensees. The Act establishes that any local ordinance can be challenged in a district court, specifically if it poses a stricter regulation than state law or causes economic hardship. The plaintiff must demonstrate, by a preponderance of evidence, that the local regulation significantly restricts their occupation or creates adverse economic consequences. Conversely, the municipality would need to prove that its regulation does not conflict with state law and is necessary for public health or safety.

Summary

Senate Bill 2178, known as the Regulations with Economic Impact in Need of Scrutiny (REINS) Act, aims to provide state licensees with a judicial remedy against local regulations that are deemed burdensome or inconsistent with state laws. The bill specifically allows state licensees to file suits to challenge local ordinances that impose stricter requirements or which could lead to adverse economic impacts. This judicial mechanism is intended to safeguard the rights of individuals and entities engaged in licensed occupations by ensuring that local rules do not hinder their lawful business activities.

Contention

This bill has sparked debates among lawmakers, highlighting a significant contention between state authority and local governance. Proponents of the bill argue that it streamlines business operations across municipalities by preventing a patchwork of regulations that could lead to confusion and economic strain on businesses. Opponents, however, fear that it undermines local control, stripping municipalities of their ability to tailor regulations to meet community-specific needs. This tension suggests a broader ideological divide regarding the balance of power between state and local governance, particularly in areas impacting public welfare and regional economic stability.