82R997 JE-D
By: Callegari H.B. No. 2291
A BILL TO BE ENTITLED
AN ACT
relating to government regulation of an individual's occupation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Labor Code, is amended by
adding Chapter 94 to read as follows:
CHAPTER 94. RIGHT TO ENGAGE IN OCCUPATION
Sec. 94.001. DEFINITION. In this chapter, "government"
means the government of this state or any of its political
subdivisions.
Sec. 94.002. INDIVIDUAL'S RIGHT TO ENGAGE IN OCCUPATION.
(a) An individual may engage in an occupation not prohibited by law
without being subject to statutes, administrative rules, or
government practices that regulate the occupation and that are
unnecessary and substantially burdensome.
(b) The government may substantially burden an individual's
right to engage in an occupation only if the government
demonstrates that the burden is necessary to protect against a
present and recognizable harm to the public health or safety.
Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may
assert as a defense in any administrative or judicial proceeding to
enforce a statute or administrative rule that the standard required
by Section 94.002(b) has not been met.
(b) An individual may bring an action for declaratory
judgment or injunctive or other equitable relief for a violation of
Section 94.002.
(c) An individual who brings an action or asserts a defense
under this section has the initial burden of persuasion that the
statute or administrative rule or a government practice related to
the statute or rule substantially burdens the individual's right to
engage in an occupation not prohibited by law.
(d) If the individual meets the burden of persuasion under
Subsection (c), the government must then demonstrate by clear and
convincing evidence that the statute, administrative rule, or
government practice is necessary to protect against a present and
recognizable harm to the public health or safety.
SECTION 2. Chapter 94, Labor Code, as added by this Act,
applies only to an action commenced on or after the effective date
of this Act. An action commenced before the effective date of this
Act is governed by the law applicable to the action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.