| 1 | 1 | | 85R1276 NC-D |
|---|
| 2 | 2 | | By: Schaefer H.B. No. 153 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of a municipality to regulate |
|---|
| 8 | 8 | | occupations. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter A, Chapter 215, Local Government |
|---|
| 11 | 11 | | Code, is amended by adding Section 215.001 to read as follows: |
|---|
| 12 | 12 | | Sec. 215.001. MUNICIPAL REGULATION OF OCCUPATIONS IN |
|---|
| 13 | 13 | | GENERAL. (a) In this section: |
|---|
| 14 | 14 | | (1) "Occupational license" means a license, permit, |
|---|
| 15 | 15 | | registration certificate, or other evidence of authority that is: |
|---|
| 16 | 16 | | (A) issued by a licensing authority; and |
|---|
| 17 | 17 | | (B) required by an ordinance or a law for a person |
|---|
| 18 | 18 | | to practice an occupation. |
|---|
| 19 | 19 | | (2) "State licensing authority" means a state agency, |
|---|
| 20 | 20 | | department, board, or commission or the executive or administrative |
|---|
| 21 | 21 | | officer of a state agency, department, board, or commission that |
|---|
| 22 | 22 | | issues an occupational license. |
|---|
| 23 | 23 | | (b) Notwithstanding any other state law, including Section |
|---|
| 24 | 24 | | 51.001, unless expressly authorized by state law, the governing |
|---|
| 25 | 25 | | body of a municipality may not adopt or enforce any ordinance, rule, |
|---|
| 26 | 26 | | or regulation that: |
|---|
| 27 | 27 | | (1) establishes additional, more stringent licensing |
|---|
| 28 | 28 | | requirements for an occupation that requires an occupational |
|---|
| 29 | 29 | | license issued by a state licensing authority; or |
|---|
| 30 | 30 | | (2) requires a person to obtain an occupational |
|---|
| 31 | 31 | | license issued by the municipality. |
|---|
| 32 | 32 | | (c) A municipal ordinance, rule, or regulation that violates |
|---|
| 33 | 33 | | this section is void and unenforceable. |
|---|
| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2017. |
|---|