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