| 1 | 1 | | 84R9480 NC-F |
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| 2 | 2 | | By: Guillen H.B. No. 3263 |
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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 authority of a municipality to regulate state |
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| 8 | 8 | | licensees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 229, Local Government Code, is amended |
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| 11 | 11 | | by adding Subchapter C to read as follows: |
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| 12 | 12 | | SUBCHAPTER C. MUNICIPAL REGULATION OF STATE LICENSEES |
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| 13 | 13 | | Sec. 229.101. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "State licensee" means a person or entity that, |
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| 15 | 15 | | under state law, in order to practice the person's occupation or |
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| 16 | 16 | | conduct the entity's business in this state, is required to obtain a |
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| 17 | 17 | | license, permit, registration certificate, or other evidence of |
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| 18 | 18 | | authority from, and is subject to regulation by, a state licensing |
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| 19 | 19 | | authority. |
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| 20 | 20 | | (2) "State licensing authority" means a state agency, |
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| 21 | 21 | | department, board, or commission or the executive or administrative |
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| 22 | 22 | | officer of a state agency, department, board, or commission, |
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| 23 | 23 | | including the Finance Commission of Texas, the Texas Department of |
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| 24 | 24 | | Insurance, the Railroad Commission of Texas, and the Texas |
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| 25 | 25 | | Commission on Environmental Quality. |
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| 26 | 26 | | Sec. 229.102. MUNICIPAL REGULATION OF STATE LICENSEES. (a) |
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| 27 | 27 | | Notwithstanding any other state law, including Section 51.001, |
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| 28 | 28 | | unless expressly authorized by state law, the governing body of a |
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| 29 | 29 | | municipality may not adopt or enforce any ordinance, rule, or |
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| 30 | 30 | | regulation that establishes requirements for, imposes restrictions |
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| 31 | 31 | | on, or otherwise regulates the business activities of a state |
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| 32 | 32 | | licensee within the municipality or the municipality's |
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| 33 | 33 | | extraterritorial jurisdiction. |
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| 34 | 34 | | (b) A municipal ordinance, rule, or regulation that violates |
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| 35 | 35 | | this section is void and unenforceable. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2015. |
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