| 1 | 1 | | By: Estes S.B. No. 1806 |
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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 limits on the regulatory authority of a municipality. |
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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. Subtitle A, Title 7, Local Government Code, is |
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| 9 | 9 | | amended by adding Chapter 230 to read as follows: |
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| 10 | 10 | | CHAPTER 230. PREEMPTION OF MUNICIPAL REGULATORY AUTHORITY |
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| 11 | 11 | | Sec. 230.001. PREEMPTION. (a) "License" has the meaning |
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| 12 | 12 | | assigned by Section 2001.003, Government Code. |
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| 13 | 13 | | (b) Any municipal charter provision, ordinance, rule, or |
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| 14 | 14 | | regulation that conflicts with any provision of state law is null |
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| 15 | 15 | | and void. |
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| 16 | 16 | | (c) A municipal charter provision, ordinance, rule or |
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| 17 | 17 | | regulation conflicts with state law if: |
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| 18 | 18 | | (1) it is a type of ordinance expressly preempted by |
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| 19 | 19 | | state law; |
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| 20 | 20 | | (2) it regulates an area in which state law is |
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| 21 | 21 | | pervasive and occupies the field; |
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| 22 | 22 | | (3) it frustrates the purpose of state law; |
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| 23 | 23 | | (4) there is no reasonable construction of the |
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| 24 | 24 | | municipal ordinance, rule, or regulation under which both the |
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| 25 | 25 | | ordinance, rule, or regulation and the state law in question can be |
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| 26 | 26 | | given full effect; or |
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| 27 | 27 | | (5) it regulates an activity performed under a license |
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| 28 | 28 | | issued by the state and either actually or effectively prohibits a |
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| 29 | 29 | | person from performing the licensed activity. |
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| 30 | 30 | | (d) Subsection (c) is not intended to be an exhaustive list |
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| 31 | 31 | | of the ways in which a municipal charter provision, ordinance, |
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| 32 | 32 | | rule, or regulation may conflict with state law. |
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| 33 | 33 | | (e) The attorney general may bring an action in the name of |
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| 34 | 34 | | the state to enforce the provisions of this section. |
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| 35 | 35 | | Sec. 230.002. BAG BANS. A municipal charter provision, |
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| 36 | 36 | | ordinance, rule or regulation may not: |
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| 37 | 37 | | (a) ban the provision or sale of a single-use or carry-out |
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| 38 | 38 | | paper or plastic bag; or |
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| 39 | 39 | | (b) require the payment of a fee for a single-use or |
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| 40 | 40 | | carry-out paper or plastic bag. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2015. |
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