Relating to the regulation of occupations by this state.
Impact
The law, if enacted, would impact the way state agencies regulate occupations and enforce licensing requirements. It will provide individuals with a legal basis to contest excessive occupational regulations by requiring the state to demonstrate that such regulations are necessary and minimally restrictive. This could restrict the capacity of state agencies to impose broad, burdensome regulatory frameworks on various occupations, potentially affecting many sectors of the workforce that require licensure or certification.
Summary
House Bill 3170 introduces amendments to the Occupations Code, specifically by adding Chapter 60, which relates to the enforcement of occupational regulations. The central theme of this bill is to ensure that individuals have the right to engage in lawful occupations with minimal governmental regulation unless absolutely necessary. The bill stipulates that regulation is justified only if it serves a significant public interest and is the least restrictive means available to protect against identifiable harm to public health or safety.
Contention
While the intent is to protect individual rights against potentially excessive regulations, there may be concerns among public safety advocates regarding the implications of this bill. Critics may argue that it could hinder the ability of agencies to impose necessary regulations which ensure safe practice within certain professions. The requirement for the state to justify the necessity and restrictiveness of its regulations could lead to legal challenges that slow down enforcement actions intended to protect public health and safety.
Notable_points
The bill provides a mechanism for individuals to file for a declaratory judgment against the state in cases where they believe regulatory requirements infringe upon their rights. This legal avenue would be limited to district courts in Travis County, indicating a centralization of legal challenges related to occupational regulation enforcement.
Relating to the authorization, licensing, and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.