82R23438 JE-D
By: Callegari H.B. No. 2291
Substitute the following for H.B. No. 2291:
By: Callegari C.S.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 administrative rules or government
practices that regulate the occupation and that are substantially
burdensome and unnecessary to fulfill the purpose and intent of the
statute authorizing the regulation of the occupation.
(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 fulfill the purpose
and intent of the statute authorizing the regulation of the
occupation.
Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may
assert as a defense in any administrative or judicial proceeding to
enforce an administrative rule or government practice 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 must show by a preponderance of the evidence that
the administrative rule or government practice substantially
burdens the individual's right to engage in an occupation not
prohibited by law.
(d) If the individual meets the preponderance of the
evidence burden provided under Subsection (c), the government must
then demonstrate by clear and convincing evidence that the
administrative rule or government practice is necessary to fulfill
the purpose and intent of the statute authorizing the regulation of
the occupation.
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.