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
Relating to the regulation of certain facilities and activities of political subdivisions, including public school districts, and open-enrollment charter schools.