| 1 | 1 | | 84R11866 SRS-F |
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| 2 | 2 | | By: Schaefer H.B. No. 3170 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of occupations by this state. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 2, Occupations Code, is amended by adding |
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| 10 | 10 | | Chapter 60 to read as follows: |
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| 11 | 11 | | CHAPTER 60. ENFORCEMENT OF OCCUPATIONAL REGULATIONS |
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| 12 | 12 | | Sec. 60.001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "License" means a license, certificate, |
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| 14 | 14 | | registration, permit, or other form of authorization required by |
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| 15 | 15 | | law or a state agency rule that must be obtained by an individual to |
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| 16 | 16 | | engage in a particular occupation. |
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| 17 | 17 | | (2) "State agency" means a department, board, bureau, |
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| 18 | 18 | | commission, committee, division, office, council, or agency of the |
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| 19 | 19 | | state. |
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| 20 | 20 | | Sec. 60.002. POLICY REGARDING REGULATION OF OCCUPATIONS; |
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| 21 | 21 | | CONSTRUCTION. (a) It is the policy of this state that: |
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| 22 | 22 | | (1) an individual in this state has the right to engage |
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| 23 | 23 | | in any lawful occupation without excessive governmental |
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| 24 | 24 | | regulation; and |
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| 25 | 25 | | (2) a lawful occupation may be regulated by the state |
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| 26 | 26 | | only if the regulation is: |
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| 27 | 27 | | (A) necessary to further an important interest of |
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| 28 | 28 | | the state in protecting against a recognizable harm to the health or |
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| 29 | 29 | | safety of the public; and |
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| 30 | 30 | | (B) the least restrictive means necessary to |
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| 31 | 31 | | further the interest described by Paragraph (A). |
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| 32 | 32 | | (b) In any action under this chapter, a court or |
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| 33 | 33 | | administrative law judge shall liberally construe this chapter in |
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| 34 | 34 | | order to give effect to the policy under Subsection (a). |
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| 35 | 35 | | Sec. 60.003. APPLICATION OF CHAPTER. This chapter applies |
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| 36 | 36 | | to any regulation of a lawful occupation unless the statute |
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| 37 | 37 | | providing for the regulation expressly states that the regulation |
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| 38 | 38 | | is not subject to this chapter. |
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| 39 | 39 | | Sec. 60.004. DEFENSE AVAILABLE. In any enforcement action |
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| 40 | 40 | | by a state agency against an individual for failure to comply with |
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| 41 | 41 | | an occupational regulation, including a requirement to obtain a |
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| 42 | 42 | | license to engage in a lawful occupation, the individual may |
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| 43 | 43 | | present evidence that the regulation substantially burdens the |
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| 44 | 44 | | individual's right to engage in a lawful occupation. The state |
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| 45 | 45 | | agency has the burden of establishing by clear and convincing |
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| 46 | 46 | | evidence that the occupational regulation that the agency seeks to |
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| 47 | 47 | | enforce is: |
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| 48 | 48 | | (1) necessary to further an important interest of the |
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| 49 | 49 | | state in protecting against a recognizable harm to the health or |
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| 50 | 50 | | safety of the public; and |
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| 51 | 51 | | (2) the least restrictive means necessary to further |
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| 52 | 52 | | the interest described by Subdivision (1). |
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| 53 | 53 | | Sec. 60.005. DECLARATORY JUDGMENT. (a) An individual may |
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| 54 | 54 | | file suit against the state for declaratory judgment that a |
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| 55 | 55 | | regulatory requirement imposed on an occupation violates Section |
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| 56 | 56 | | 60.002(a). |
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| 57 | 57 | | (b) An action under this section may be brought only in a |
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| 58 | 58 | | district court in Travis County. |
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| 59 | 59 | | SECTION 2. This Act takes effect September 1, 2015. |
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