| 1 | 1 | | 86R5403 JCG-D |
|---|
| 2 | 2 | | By: Goldman H.B. No. 2014 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the authority of a political subdivision to regulate |
|---|
| 8 | 8 | | certain activities. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Title 2, Occupations Code, is amended by adding |
|---|
| 11 | 11 | | Chapter 60 to read as follows: |
|---|
| 12 | 12 | | CHAPTER 60. PREEMPTION |
|---|
| 13 | 13 | | Sec. 60.001. PREEMPTION OF LOCAL LICENSING REQUIREMENTS. |
|---|
| 14 | 14 | | (a) In this section: |
|---|
| 15 | 15 | | (1) "Occupational license" means a license, permit, |
|---|
| 16 | 16 | | registration certificate, or other authorization that is: |
|---|
| 17 | 17 | | (A) issued by a licensing authority; and |
|---|
| 18 | 18 | | (B) required by an ordinance, rule, regulation, |
|---|
| 19 | 19 | | policy, or law for an individual to engage in an occupation. |
|---|
| 20 | 20 | | (2) "Political subdivision" means a county, |
|---|
| 21 | 21 | | municipality, special district, or other political subdivision of |
|---|
| 22 | 22 | | this state. |
|---|
| 23 | 23 | | (3) "State licensing authority" means a state agency, |
|---|
| 24 | 24 | | department, board, or commission or the executive or administrative |
|---|
| 25 | 25 | | officer of a state agency, department, board, or commission that |
|---|
| 26 | 26 | | issues an occupational license. |
|---|
| 27 | 27 | | (b) Notwithstanding any other law, if an individual is |
|---|
| 28 | 28 | | required to possess an occupational license issued by a state |
|---|
| 29 | 29 | | licensing authority to engage in an occupation, the governing body |
|---|
| 30 | 30 | | of a political subdivision may not adopt or enforce any ordinance, |
|---|
| 31 | 31 | | order, rule, regulation, law, or policy that requires the |
|---|
| 32 | 32 | | individual to: |
|---|
| 33 | 33 | | (1) possess an occupational license issued by the |
|---|
| 34 | 34 | | political subdivision to engage in that occupation; or |
|---|
| 35 | 35 | | (2) meet any other requirement or precondition to |
|---|
| 36 | 36 | | engage in that occupation. |
|---|
| 37 | 37 | | (c) An ordinance, order, rule, regulation, law, or policy |
|---|
| 38 | 38 | | that violates this section is void and unenforceable. |
|---|
| 39 | 39 | | SECTION 2. This Act takes effect September 1, 2019. |
|---|