By: Huffines S.B. No. 1673
A BILL TO BE ENTITLED
AN ACT
relating to the preemption of a local law by state law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Local Government Code, is amended by
adding Section 1.006 to read as follows:
Sec. 1.006. STATE LAW PREEMPTION. (a) In this section:
(1) "local government" means a county, municipality,
or other political subdivision of this state; and
(2) "license" has the meaning assigned by Section
2001.003, Government Code.
(b) The Legislature finds that no local government shall
contradict or undermine a state law, rule, regulation, permit, or
license.
(c) A local government shall not adopt or enforce a local
ordinance, rule, or regulation that regulates a particular subject
if a state law preempts regulation of the subject by a local
government.
(d) A local government shall not adopt or enforce a local
ordinance, rule, or regulation that conflicts with, is more
stringent than, or is inconsistent with a state law, rule,
regulation, permit, or a license.
(e) A local government shall not regulate an activity
performed under a license issued by a state agency in such a manner
that the activity effectively cannot reasonably be performed within
the limits or extraterritorial jurisdiction of the municipality.
(f) Governmental immunity to suit and liability is waived
and abolished to the extent of liability for the relief allowed
under Subsections (i) and (j) for a violation of this section.
(g) A person who is adversely affected by a violation of
this section may file suit against the local government. The
attorney general may file suit against a local government to
enforce this section.
(h) A person filing suit under Subsection (e) may choose the
venue for the suit from either the district court of Travis County
or the county in which the violation occurred.
(i) A court may award a plaintiff in a civil action brought
under this section:
(1) declaratory relief under Chapter 37, Civil
Practice and Remedies Code;
(2) injunctive relief to prevent the threatened
violation or continued violation; and,
(3) actual damages.
(j) If a plaintiff prevails in a suit brought under this
section, a court shall award to the plaintiff reasonable attorney's
fees, court costs, and other reasonable expenses required in
bringing the action.
SECTION 2. Section 1.006, Local Government Code, as added
by this Act, applies to an ordinance, rule, or regulation adopted by
a local government before, on, or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2015.