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