| 1 | 1 | | 85R124 SRS-F |
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| 2 | 2 | | By: White H.B. No. 552 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of occupations by this state. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Title 2, Occupations Code, is amended by adding |
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| 10 | 10 | | Chapter 60 to read as follows: |
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| 11 | 11 | | CHAPTER 60. ENFORCEMENT OF OCCUPATIONAL REGULATIONS |
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| 12 | 12 | | Sec. 60.001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "License" means a license, certificate, |
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| 14 | 14 | | registration, permit, or other form of authorization required by |
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| 15 | 15 | | law or a state agency rule that must be obtained by an individual to |
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| 16 | 16 | | engage in a particular occupation. |
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| 17 | 17 | | (2) "State agency" means a department, board, bureau, |
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| 18 | 18 | | commission, committee, division, office, council, or agency of the |
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| 19 | 19 | | state. |
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| 20 | 20 | | Sec. 60.002. REGULATION OF OCCUPATIONS. (a) An individual |
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| 21 | 21 | | in this state has the right to engage in any lawful occupation |
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| 22 | 22 | | without burdensome governmental regulation. |
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| 23 | 23 | | (b) A lawful occupation may be regulated by the state only |
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| 24 | 24 | | if the state agency enforcing the regulation demonstrates that the |
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| 25 | 25 | | regulation is: |
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| 26 | 26 | | (1) necessary to fulfill the purpose and intent of the |
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| 27 | 27 | | statute authorizing the occupation's regulation; and |
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| 28 | 28 | | (2) not substantially burdensome. |
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| 29 | 29 | | Sec. 60.003. DEFENSE AVAILABLE. (a) In any enforcement |
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| 30 | 30 | | action by a state agency against an individual for failure to comply |
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| 31 | 31 | | with an occupational regulation, including a requirement to obtain |
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| 32 | 32 | | a license to engage in a lawful occupation, the individual may |
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| 33 | 33 | | present evidence that the regulation substantially burdens the |
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| 34 | 34 | | individual's right to engage in a lawful occupation. |
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| 35 | 35 | | (b) If the individual shows by a preponderance of the |
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| 36 | 36 | | evidence that the regulation substantially burdens the |
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| 37 | 37 | | individual's right to engage in a lawful occupation, the state |
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| 38 | 38 | | agency has the burden of establishing by clear and convincing |
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| 39 | 39 | | evidence that the occupational regulation that the agency seeks to |
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| 40 | 40 | | enforce is necessary to fulfill the purpose and intent of the |
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| 41 | 41 | | statute authorizing the occupation's regulation. |
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| 42 | 42 | | Sec. 60.004. RELIEF. An individual may file suit against |
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| 43 | 43 | | the state for declaratory judgment or injunction or other equitable |
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| 44 | 44 | | relief that a regulatory requirement imposed on an occupation |
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| 45 | 45 | | violates Section 60.002(b). |
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| 46 | 46 | | SECTION 2. Chapter 60, Occupations Code, as added by this |
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| 47 | 47 | | Act, applies only to a disciplinary hearing or other action that |
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| 48 | 48 | | commences on or after the effective date of this Act. A |
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| 49 | 49 | | disciplinary hearing or action that commences before that date is |
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| 50 | 50 | | governed by the law in effect at the time the disciplinary hearing |
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| 51 | 51 | | or action commenced, and the former law is continued in effect for |
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| 52 | 52 | | that purpose. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2017. |
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