By: Estes S.B. No. 1466
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to regulate state
licensees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 229, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. MUNICIPAL REGULATION OF STATE LICENSEES.
Sec. 229.101. DEFINITIONS. In this subchapter:
(1) "State licensee" means a person or entity that,
under state law, in order to practice the person's occupation or
conduct the entity's business in this state, is required to obtain a
license, permit, registration certificate, or other evidence of
authority from, and is subject to regulation by, a state licensing
authority.
(2) "State licensing authority" means a state agency,
department, board, or commission or the executive or administrative
officer of a state agency, department, board, or commission.
Sec. 229.102. MUNICIPAL REGULATION OF STATE LICENSEES. (a)
Notwithstanding any other state law, including Section 51.001,
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 activities of a state
licensee 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.