Texas 2023 - 88th Regular

Texas House Bill HB2350

Filed
2/15/23  
Out of House Committee
4/13/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a political subdivision to regulate certain activities.

Impact

If enacted, HB 2350 would notably impact the authority of local governments, particularly in how they can regulate licensed occupations. By introducing Chapter 60 to the Occupations Code, the bill makes any local ordinance, order, rule, regulation, or policy regarding occupational licensure that violates its provisions void and unenforceable. This change would thus centralize regulatory authority, potentially streamlining compliance for professionals operating in multiple locales, but also diminishing local governments' ability to address specific community needs through tighter regulations.

Summary

House Bill 2350, sponsored by Chairman Harris of Anderson, aims to limit the regulatory powers of local governments concerning licenses for occupations. The bill, which aims to eliminate redundant local licensing requirements, would preempt local governments from adopting or enforcing regulations that are more stringent than those provided by state law. By restricting local jurisdictions from implementing additional licensing measures, the bill seeks to create a more uniform regulatory environment for various occupations across Texas, which proponents argue will simplify processes for businesses and professionals.

Sentiment

The sentiment around HB 2350 is polarized. Supporters of the bill, including many legislators and business advocates, argue that it is a critical measure for reducing bureaucratic overlap and ensuring that local regulations do not hinder business operations. However, opponents, including various city officials and advocacy groups, express concerns that it would undermine local governance and the ability to enact necessary local regulations, particularly in areas such as consumer protection and public safety.

Contention

A significant point of contention regarding HB 2350 is its broad scope and the potential implications for existing local ordinances. Critics argue that the bill could nullify a variety of local laws that have been enacted to protect consumers, such as those regulating payday lending, which are particularly relevant in urban areas. This indicates a conflict between the pursuit of uniformity in regulatory frameworks and the recognition of local governments' unique demands and challenges.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 211. Municipal Zoning Authority
    • Section: New Section
    • Section: New Section
  • Chapter 231. County Zoning Authority
    • Section: New Section
    • Section: New Section
  • Chapter 214. Municipal Regulation Of Housing And Other Structures
    • Section: New Section

Health And Safety Code

  • Chapter 121. Local Public Health Reorganization Act
    • Section: New Section
    • Section: New Section
  • Chapter 122. Powers And Duties Of Counties And Municipalities Relating To Public Health
    • Section: New Section
    • Section: New Section
  • Chapter 146. Tattoo And Certain Body Piercing Studios
    • Section: New Section
    • Section: New Section
  • Chapter 341. Minimum Standards Of Sanitation And Health Protection Measures
    • Section: New Section
    • Section: New Section
  • Chapter 343. Abatement Of Public Nuisances
    • Section: New Section
    • Section: New Section
  • Chapter 437. Regulation Of Food Service Establishments, Retail Food Stores, Mobile Food Units, And Roadside Food Vendors
    • Section: New Section
    • Section: New Section

Finance Code

  • Chapter 393. Credit Services Organizations
    • Section: New Section

Occupations Code

  • Chapter 60. Digital Licenses
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.