84R11866 SRS-F
By: Schaefer H.B. No. 3170
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of occupations by this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. ENFORCEMENT OF OCCUPATIONAL REGULATIONS
Sec. 60.001. DEFINITIONS. In this chapter:
(1) "License" means a license, certificate,
registration, permit, or other form of authorization required by
law or a state agency rule that must be obtained by an individual to
engage in a particular occupation.
(2) "State agency" means a department, board, bureau,
commission, committee, division, office, council, or agency of the
state.
Sec. 60.002. POLICY REGARDING REGULATION OF OCCUPATIONS;
CONSTRUCTION. (a) It is the policy of this state that:
(1) an individual in this state has the right to engage
in any lawful occupation without excessive governmental
regulation; and
(2) a lawful occupation may be regulated by the state
only if the regulation is:
(A) necessary to further an important interest of
the state in protecting against a recognizable harm to the health or
safety of the public; and
(B) the least restrictive means necessary to
further the interest described by Paragraph (A).
(b) In any action under this chapter, a court or
administrative law judge shall liberally construe this chapter in
order to give effect to the policy under Subsection (a).
Sec. 60.003. APPLICATION OF CHAPTER. This chapter applies
to any regulation of a lawful occupation unless the statute
providing for the regulation expressly states that the regulation
is not subject to this chapter.
Sec. 60.004. DEFENSE AVAILABLE. In any enforcement action
by a state agency against an individual for failure to comply with
an occupational regulation, including a requirement to obtain a
license to engage in a lawful occupation, the individual may
present evidence that the regulation substantially burdens the
individual's right to engage in a lawful occupation. The state
agency has the burden of establishing by clear and convincing
evidence that the occupational regulation that the agency seeks to
enforce is:
(1) necessary to further an important interest of the
state in protecting against a recognizable harm to the health or
safety of the public; and
(2) the least restrictive means necessary to further
the interest described by Subdivision (1).
Sec. 60.005. DECLARATORY JUDGMENT. (a) An individual may
file suit against the state for declaratory judgment that a
regulatory requirement imposed on an occupation violates Section
60.002(a).
(b) An action under this section may be brought only in a
district court in Travis County.
SECTION 2. This Act takes effect September 1, 2015.