By: Guillen H.B. No. 2953
A BILL TO BE ENTITLED
AN ACT
relating to the ability of a state license holder to practice the
person's profession.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. ABILITY TO PRACTICE PROFESSION
Sec. 60.01. DEFINITIONS. In this chapter:
(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 or
conduct a business; and
(B) is subject to regulation by the licensing
authority.
(2) "State licensing authority" means a state agency,
department, board, or commission.
Sec. 60.02. ADDITIONAL REGULATION OF STATE LICENSE HOLDER
PROHIBITED. (a) Notwithstanding any other law, unless expressly
authorized by state law, the governing body of a municipality may
not adopt or enforce any ordinance, rule, or regulation that
establishes requirements for, imposes restrictions on, or
otherwise regulates the business activity of a state license holder
within the municipality or the municipality's extraterritorial
jurisdiction.
(b) 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.