Texas 2013 - 83rd Regular

Texas House Bill HB87 Compare Versions

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Old	New	Differences
1	1	83R17433 DDT-F
2	2	By: Callegari, Laubenberg, et al. H.B. No. 87
3	3	Substitute the following for H.B. No. 87:
4	4	By: Harper-Brown C.S.H.B. No. 87
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulation of an individual's occupation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle E, Title 2, Labor Code, is amended by
12	12	adding Chapter 94 to read as follows:
13	13	CHAPTER 94. RIGHT TO ENGAGE IN OCCUPATION
14	14	Sec. 94.001. DEFINITION. In this chapter, "state agency"
15	15	means an agency, department, board, or commission of the state.
16	16	Sec. 94.002. INDIVIDUAL'S RIGHT TO ENGAGE IN OCCUPATION.
17	17	An individual may engage in an occupation not prohibited by law free
18	18	from any substantial burden created by a state agency rule, policy,
19	19	or practice unless the state agency demonstrates that:
20	20	(1) the state has a compelling governmental interest
21	21	in protecting against actual and specific harm to the public health
22	22	or safety; and
23	23	(2) the rule, policy, or practice is narrowly tailored
24	24	to further that compelling governmental interest.
25	25	Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may
26	26	assert as a defense in any administrative or judicial proceeding to
27	27	enforce a state agency rule, policy, or practice that the standard
28	28	required by Section 94.002 has not been met.
29	29	(b) An individual who asserts a defense under this section
30	30	must show by a preponderance of the evidence that the state agency
31	31	rule, policy, or practice substantially burdens the individual's
32	32	right to engage in an occupation not prohibited by law.
33	33	(c) If the individual meets the preponderance of the
34	34	evidence burden required by Subsection (b), the state agency must
35	35	then demonstrate by a preponderance of the evidence that the state
36	36	has a compelling governmental interest in protecting against actual
37	37	and specific harm to the public health or safety, and that the rule,
38	38	policy, or practice is narrowly tailored to further that compelling
39	39	governmental interest.
40	40	Sec. 94.004. ADMINISTRATIVE OR JUDICIAL DETERMINATION. A
41	41	judge or other authority presiding over a proceeding in which a
42	42	person asserts a defense under Section 94.003, including an
43	43	administrative law judge, shall make findings of fact and
44	44	conclusions of law when making a determination in a proceeding
45	45	under this chapter. The judge or other authority may not make a
46	46	presumption based on legislative or administrative determinations
47	47	regarding:
48	48	(1) harm to the public health or safety; or
49	49	(2) whether the regulation is narrowly tailored to
50	50	further a compelling governmental interest.
51	51	SECTION 2. Chapter 94, Labor Code, as added by this Act,
52	52	applies only to an action commenced on or after the effective date
53	53	of this Act. An action commenced before the effective date of this
54	54	Act is governed by the law applicable to the action immediately
55	55	before the effective date of this Act, and that law is continued in
56	56	effect for that purpose.
57	57	SECTION 3. This Act takes effect September 1, 2013.