83R22843 NC-F
By: Guillen H.B. No. 2953
Substitute the following for H.B. No. 2953:
By: Smith C.S.H.B. No. 2953
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to regulate a business
or occupational license holder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 215, Local Government
Code, is amended by adding Section 215.005 to read as follows:
Sec. 215.005. STATE LICENSE HOLDERS. (a) In this section:
(1) "State license holder" means a person who:
(A) is required by state law to obtain a license,
permit, registration, certificate, or other evidence of authority
from a state licensing authority to practice an occupation, conduct
a business, or exercise certain other rights; and
(B) is subject to regulation by the licensing
authority.
(2) "State licensing authority" means a state agency,
department, board, or commission.
(b) Notwithstanding any other law, the governing body of a
municipality may not adopt or enforce an ordinance, rule, or
regulation that establishes requirements for, imposes restrictions
on, or otherwise regulates the activity of a state license holder
within the municipality or the municipality's extraterritorial
jurisdiction, except as provided by Subsection (c).
(c) A municipality may adopt or enforce:
(1) a zoning ordinance under Chapter 211;
(2) a commercial building regulation under Chapter
214;
(3) a sexually oriented business regulation;
(4) a fire code;
(5) an electrical code;
(6) a plumbing code; or
(7) an ordinance or regulation concerning wages,
benefits, workplace safety, or working conditions.
(d) A municipal ordinance, rule, or regulation that
violates this section is void and unenforceable.
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.