83R215 ALL-F
By: Callegari H.B. No. 87
A BILL TO BE ENTITLED
AN ACT
relating to 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, "state agency"
means an agency, department, board, or commission of the state.
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 a state agency rule, policy, or practice
that regulates the occupation if the rule, policy, or practice is:
(1) substantially burdensome; and
(2) unnecessary to fulfill the purpose and intent of
the statute authorizing the regulation of the occupation.
(b) A state agency rule, policy, or practice may
substantially burden an individual's right to engage in an
occupation only if the agency demonstrates that the rule, policy,
or practice 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 a state agency rule, policy, or 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 state agency rule, policy, or 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 state agency
must then demonstrate by clear and convincing evidence that the
agency rule, policy, or 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, 2013.