Texas Senate Bill SB1851

Texas 2019 - 86th Regular

Caption

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

Impact

If enacted, SB1851 would allow state licensees to file lawsuits against municipalities enforcing local regulations that conflict with or are more stringent than state regulations. The bill stipulates that state licensees would need to demonstrate that the local regulation imposes a significant burden or adverse economic impact on their ability to conduct their licensed business according to state law. This could lead to increased litigation as businesses challenge local ordinances, fundamentally altering the relationship between state and local authorities in terms of regulatory control.

Summary

Senate Bill 1851, also known as the Regulations with Economic Impact in Need of Scrutiny (REINS) Act, is designed to provide a judicial remedy for state licensees facing local regulations that may impose burdensome or inconsistent requirements compared to state law. The bill aims to ensure that individuals and entities licensed at the state level can engage in their business activities without facing stricter local ordinances that might hinder their operations or result in economic disadvantage.

Contention

Supporters of SB1851 argue that it promotes a fair and consistent regulatory environment, removing unnecessary obstacles that local regulations might create for state-licensed businesses. However, opponents contend that it infringes on local governments' authority to govern and protect their communities, potentially undermining local public health and safety initiatives. The contention arises from contrasting views on the balance of power between state and local regulations, with concerns over the broader implications for community governance and business practices.