Texas 2017 - 85th Regular

Texas House Bill HB3947 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Laubenberg H.B. No. 3947
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to judicial review of certain regulations that apply to
7	7	state licensees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Regulations with
10	10	Economic Impact in Need of Scrutiny (REINS) Act.
11	11	SECTION 2. Title 6, Civil Practice and Remedies Code, is
12	12	amended by adding Chapter 151 to read as follows:
13	13	CHAPTER 151. REGULATIONS WITH ECONOMIC IMPACT IN NEED OF SCRUTINY
14	14	Sec. 151.001. PURPOSE OF CHAPTER. It is the purpose of this
15	15	chapter to provide a judicial remedy to ensure that a state licensee
16	16	has the right to engage in an occupation or business activity
17	17	authorized by and regulated under state law without burdensome or
18	18	inconsistent local regulation of the state licensee's occupation or
19	19	lawful business activities.
20	20	Sec. 151.002. DEFINITIONS. In this chapter:
21	21	(1) "Local regulation" means any ordinance, rule, or
22	22	regulation adopted by the governing body of a municipality that
23	23	establishes requirements for, imposes restrictions on, or
24	24	otherwise regulates the business activity of a state licensee
25	25	within the municipality or the municipality's extraterritorial
26	26	jurisdiction.
27	27	(2) "State licensee" means a person or entity that,
28	28	under state law, in order to practice the person's occupation or
29	29	conduct the entity's business in this state, is required to obtain a
30	30	license, permit, registration certificate, or other evidence of
31	31	authority from, and is subject to regulation by, a state licensing
32	32	authority.
33	33	(3) "State licensing authority" means a state agency,
34	34	department, board, or commission or the executive or administrative
35	35	officer of a state agency, department, board, or commission.
36	36	Sec. 151.003. SUIT TO ENJOIN ENFORCMENT OF LOCAL
37	37	REGULATION. (a) A suit to enjoin enforcement of a local regulation
38	38	may be brought by a state licensee that is subject to the local
39	39	regulation if the local regulation:
40	40	(1) establishes requirements for, imposes
41	41	restrictions on, or otherwise regulates the business activity of
42	42	the state licensee in a manner that is more stringent than the
43	43	requirements, restrictions, and regulations imposed on the state
44	44	licensee under state law; or
45	45	(2) would result in an adverse economic impact on the
46	46	state licensee.
47	47	(b) A suit under this chapter must be brought in a district
48	48	court:
49	49	(1) for a judicial district in which any portion of the
50	50	territory of the municipality that adopted the local regulation is
51	51	located; or
52	52	(2) in Travis County.
53	53	(c) In a suit under this chapter, the state licensee must
54	54	show by a preponderance of the evidence that the local regulation
55	55	substantially burden's the state licensee's right to engage in an
56	56	occupation authorized by and regulated under state law or would
57	57	result in an adverse economic impact on the state licensee. In a
58	58	suit under this chapter, the state licensee may submit evidence
59	59	regarding the adverse economic impact of similar local regulations
60	60	in other jurisdictions inside or outside the state.
61	61	(d) If the state licensee meets the preponderance of the
62	62	evidence burden required by Subsection (c), the municipality has
63	63	the burden of establishing by clear and convincing evidence that
64	64	the local regulation that the municipality seeks to enforce:
65	65	(1) does not conflict with state law; and
66	66	(2)
67	67	is necessary and narrowly tailored to protect
68	68	against actual and specific harm to the public health or safety.
69	69	(e) The district court may grant any prohibitory or
70	70	mandatory relief warranted by the facts, including a temporary
71	71	restraining order, temporary injunction, or permanent injunction.
72	72	(f) If a state licensee prevails in a suit brought under
73	73	this chapter, the court shall award the state licensee court costs
74	74	and reasonable and necessary attorney's fees to be paid by the
75	75	municipality.
76	76	SECTION 3. This Act takes effect immediately if it receives
77	77	a vote of two-thirds of all the members elected to each house, as
78	78	provided by Section 39, Article III, Texas Constitution. If this
79	79	Act does not receive the vote necessary for immediate effect, this
80	80	Act takes effect September 1, 2017.