| 1 | 1 | | 83R10005 NC-F |
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| 2 | 2 | | By: Dutton H.B. No. 2908 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authority of a municipality to adopt certain |
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| 8 | 8 | | ordinances. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 51.001, Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 51.001. ORDINANCE, RULE, OR REGULATION NECESSARY TO |
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| 13 | 13 | | CARRY OUT OTHER POWERS. (a) Except as provided by Subsection (b), |
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| 14 | 14 | | the [The] governing body of a municipality may adopt, publish, |
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| 15 | 15 | | amend, or repeal an ordinance, rule, or police regulation that: |
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| 16 | 16 | | (1) is for the good government, peace, or order of the |
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| 17 | 17 | | municipality or for the trade and commerce of the municipality; and |
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| 18 | 18 | | (2) is necessary or proper for carrying out a power |
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| 19 | 19 | | granted by law to the municipality or to an office or department of |
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| 20 | 20 | | the municipality. |
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| 21 | 21 | | (b) The governing body of a municipality may adopt and |
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| 22 | 22 | | enforce an ordinance, rule, or regulation under this section or any |
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| 23 | 23 | | other state law to regulate a person who holds a license issued by a |
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| 24 | 24 | | state agency only if state law expressly authorizes the governing |
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| 25 | 25 | | body of a municipality to adopt and enforce an ordinance, rule, or |
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| 26 | 26 | | regulation to regulate the person in the manner in which the |
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| 27 | 27 | | ordinance, rule, or regulation proposes to regulate the person. |
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| 28 | 28 | | SECTION 2. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2013. |
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