Texas 2011 - 82nd Regular

Texas House Bill HB2291 Compare Versions

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Old	New	Differences
1	1	82R23438 JE-D
2	2	By: Callegari H.B. No. 2291
3	3	Substitute the following for H.B. No. 2291:
4	4	By: Callegari C.S.H.B. No. 2291
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to government regulation of an individual's occupation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle E, Title 2, Labor Code, is amended by
12	12	adding Chapter 94 to read as follows:
13	13	CHAPTER 94. RIGHT TO ENGAGE IN OCCUPATION
14	14	Sec. 94.001. DEFINITION. In this chapter, "government"
15	15	means the government of this state or any of its political
16	16	subdivisions.
17	17	Sec. 94.002. INDIVIDUAL'S RIGHT TO ENGAGE IN OCCUPATION.
18	18	(a) An individual may engage in an occupation not prohibited by law
19	19	without being subject to administrative rules or government
20	20	practices that regulate the occupation and that are substantially
21	21	burdensome and unnecessary to fulfill the purpose and intent of the
22	22	statute authorizing the regulation of the occupation.
23	23	(b) The government may substantially burden an individual's
24	24	right to engage in an occupation only if the government
25	25	demonstrates that the burden is necessary to fulfill the purpose
26	26	and intent of the statute authorizing the regulation of the
27	27	occupation.
28	28	Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may
29	29	assert as a defense in any administrative or judicial proceeding to
30	30	enforce an administrative rule or government practice that the
31	31	standard required by Section 94.002(b) has not been met.
32	32	(b) An individual may bring an action for declaratory
33	33	judgment or injunctive or other equitable relief for a violation of
34	34	Section 94.002.
35	35	(c) An individual who brings an action or asserts a defense
36	36	under this section must show by a preponderance of the evidence that
37	37	the administrative rule or government practice substantially
38	38	burdens the individual's right to engage in an occupation not
39	39	prohibited by law.
40	40	(d) If the individual meets the preponderance of the
41	41	evidence burden provided under Subsection (c), the government must
42	42	then demonstrate by clear and convincing evidence that the
43	43	administrative rule or government practice is necessary to fulfill
44	44	the purpose and intent of the statute authorizing the regulation of
45	45	the occupation.
46	46	SECTION 2. Chapter 94, Labor Code, as added by this Act,
47	47	applies only to an action commenced on or after the effective date
48	48	of this Act. An action commenced before the effective date of this
49	49	Act is governed by the law applicable to the action immediately
50	50	before the effective date of this Act, and that law is continued in
51	51	effect for that purpose.
52	52	SECTION 3. This Act takes effect September 1, 2011.