| 1 | 1 | | By: Huffines S.B. No. 1673 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the preemption of a local law by state law. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 1, Local Government Code, is amended by |
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| 9 | 9 | | adding Section 1.006 to read as follows: |
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| 10 | 10 | | Sec. 1.006. STATE LAW PREEMPTION. (a) In this section: |
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| 11 | 11 | | (1) "local government" means a county, municipality, |
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| 12 | 12 | | or other political subdivision of this state; and |
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| 13 | 13 | | (2) "license" has the meaning assigned by Section |
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| 14 | 14 | | 2001.003, Government Code. |
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| 15 | 15 | | (b) The Legislature finds that no local government shall |
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| 16 | 16 | | contradict or undermine a state law, rule, regulation, permit, or |
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| 17 | 17 | | license. |
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| 18 | 18 | | (c) A local government shall not adopt or enforce a local |
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| 19 | 19 | | ordinance, rule, or regulation that regulates a particular subject |
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| 20 | 20 | | if a state law preempts regulation of the subject by a local |
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| 21 | 21 | | government. |
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| 22 | 22 | | (d) A local government shall not adopt or enforce a local |
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| 23 | 23 | | ordinance, rule, or regulation that conflicts with, is more |
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| 24 | 24 | | stringent than, or is inconsistent with a state law, rule, |
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| 25 | 25 | | regulation, permit, or a license. |
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| 26 | 26 | | (e) A local government shall not regulate an activity |
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| 27 | 27 | | performed under a license issued by a state agency in such a manner |
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| 28 | 28 | | that the activity effectively cannot reasonably be performed within |
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| 29 | 29 | | the limits or extraterritorial jurisdiction of the municipality. |
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| 30 | 30 | | (f) Governmental immunity to suit and liability is waived |
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| 31 | 31 | | and abolished to the extent of liability for the relief allowed |
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| 32 | 32 | | under Subsections (i) and (j) for a violation of this section. |
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| 33 | 33 | | (g) A person who is adversely affected by a violation of |
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| 34 | 34 | | this section may file suit against the local government. The |
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| 35 | 35 | | attorney general may file suit against a local government to |
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| 36 | 36 | | enforce this section. |
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| 37 | 37 | | (h) A person filing suit under Subsection (e) may choose the |
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| 38 | 38 | | venue for the suit from either the district court of Travis County |
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| 39 | 39 | | or the county in which the violation occurred. |
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| 40 | 40 | | (i) A court may award a plaintiff in a civil action brought |
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| 41 | 41 | | under this section: |
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| 42 | 42 | | (1) declaratory relief under Chapter 37, Civil |
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| 43 | 43 | | Practice and Remedies Code; |
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| 44 | 44 | | (2) injunctive relief to prevent the threatened |
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| 45 | 45 | | violation or continued violation; and, |
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| 46 | 46 | | (3) actual damages. |
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| 47 | 47 | | (j) If a plaintiff prevails in a suit brought under this |
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| 48 | 48 | | section, a court shall award to the plaintiff reasonable attorney's |
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| 49 | 49 | | fees, court costs, and other reasonable expenses required in |
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| 50 | 50 | | bringing the action. |
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| 51 | 51 | | SECTION 2. Section 1.006, Local Government Code, as added |
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| 52 | 52 | | by this Act, applies to an ordinance, rule, or regulation adopted by |
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| 53 | 53 | | a local government before, on, or after the effective date of this |
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| 54 | 54 | | Act. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2015. |
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