TX
Texas House Bill HB3899

Texas 2019 - 86th Regular

Texas House Bill HB3899 Compare Versions

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1-86R24525 NC-F
2- By: Springer, Raymond, Phelan, Metcalf, H.B. No. 3899
3- Longoria, et al.
4- Substitute the following for H.B. No. 3899:
5- By: Springer C.S.H.B. No. 3899
1+By: Springer H.B. No. 3899
62
73
84 A BILL TO BE ENTITLED
95 AN ACT
10- relating to the authority of a municipality to regulate statewide
11- commerce.
6+ relating to the encouragement of intra-state commerce.
127 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
138 SECTION 1. Subchapter A, Chapter 51, Local Government Code,
149 is amended by adding Section 51.004 to read as follows:
1510 Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS
16- AUTHORIZED; REGULATION OF STATEWIDE COMMERCE PROHIBITED. (a) In
17- this section:
18- (1) "Citizens' physical safety" means the protection
19- of citizens from physical bodily injury inflicted by physical
20- contact with another person, an animal, or a physical condition on
21- real property.
22- (2) "Commercial activity" means the purchase or sale
23- of goods or services of any kind or quantity by a person who engages
24- in that activity in more than one municipality in this state.
11+ AUTHORIZED; OTHER REGULATION OF STATE-WIDE COMMERCE PROHIBITED.
12+ (a) In this section:
13+ (1) "commercial activity" means the purchase or sale
14+ of goods or services of any kind or quantity, conducted by a person
15+ who engages in such activity in more than one municipality in this
16+ state;
17+ (2) "uniquely local concern" means a particularized
18+ concern unique to the physical conditions in the municipality;
2519 (3) "regulation of local land use" means taking action
26- consistent with Chapters 211 through 214, including adopting and
27- enforcing building construction standards, building permitting,
28- and barring or limiting the use of designated property for one or
29- more designated types or categories of commercial activity. The
30- term does not include any restriction, condition, or regulation of
31- the goods, services, transactions, operations, purchaser-seller
20+ consistent with Chapters 211-214 and includes adoption and
21+ enforcement of building construction standards and permitting,
22+ barring, or limiting the use of designated property for one or more
23+ designated types or categories of commercial activity, but shall
24+ not include any restriction, condition, or regulation of the goods,
25+ services, transactions, operations, purchaser-seller
3226 interactions, employment practices, finances, advertising,
3327 marketing, or any other conduct or practices by a person engaging in
34- a commercial activity.
35- (4) "Uniquely local concern" means a particularized
36- concern unique to the physical conditions in the municipality. The
37- term does not include a commercial activity that is subject to state
38- or federal regulation.
39- (b) Notwithstanding any other law and except as provided by
40- Subsection (c), a municipality may not adopt or enforce an
41- ordinance, rule, or regulation that imposes a restriction,
42- condition, or regulation on commercial activity. The prohibited
43- action under this subsection impairs the free flow of commerce
44- across the state and is inconsistent with the general law of this
45- state.
46- (c) A municipality may adopt and enforce an ordinance, rule,
47- or regulation that:
48- (1) is essential to directly regulating a uniquely
49- local concern that the governing body of the municipality
50- determines cannot be of similar concern in another municipality
51- because of the uniqueness of the local concern;
52- (2) is essential to necessary regulation of local land
28+ a commercial activity; and
29+ (4) "citizens' physical safety" means protection of
30+ citizens from physical bodily injury inflicted by physical contact
31+ with another person, animal, or physical condition on real
32+ property.
33+ (b) Except as authorized by Subsection (c), the governing
34+ body of a municipality may not adopt or enforce an ordinance, rule,
35+ or police regulation that imposes a restriction, condition, or
36+ regulation on commercial activity.
37+ (c) The governing body may adopt and enforce an ordinance,
38+ rule, or police regulation:
39+ (1) essential to directly regulating a uniquely local
40+ concern that the governing body determines cannot be of similar
41+ concern in another municipality because of the uniqueness of the
42+ local concern;
43+ (2) essential to necessary regulation of local land
5344 use;
54- (3) is essential to protecting citizens' physical
55- safety;
56- (4) is expressly authorized to be adopted by a state
57- statute; or
58- (5) requires nondiscrimination in the provision of
59- employment or service to any person on the basis of any state or
60- federally protected class, sexual orientation, or gender identity.
61- (d) A municipality acting under Subsection (c)(1) must
45+ (3) essential to protecting citizens' physical safety;
46+ or
47+ (4) that it is expressly authorized to adopt by a
48+ statute of this state.
49+ (d) A governing body acting under Section (c)(1) must
6250 contemporaneously adopt a detailed written statement describing
63- the uniquely local concern and the basis for the municipality's
64- determination that the concern cannot be of similar concern in
65- another municipality.
66- (e) For purposes of Subsection (c)(4), a state statute that
67- provides the statute does not preempt or affect municipal
68- regulatory authority may not be construed to expressly authorize an
69- ordinance, rule, or regulation.
70- SECTION 2. This Act takes effect September 1, 2019.
51+ the uniquely local concern and the basis for its determination that
52+ the concern cannot be of similar concern in another municipality.
53+ (e) An ordinance, rule, or police regulation prohibited by
54+ subsection (b) impairs the free flow of commerce across the state
55+ and is inconsistent with the general law of this state.
56+ (f) A commercial activity that is subject to regulation by
57+ this state or the United States cannot present any uniquely local
58+ concern.
59+ (g) A state statute that states it does not preempt
60+ municipal regulatory authority or does not affect municipal
61+ regulatory authority shall not be construed under Subsection (c)(4)
62+ to expressly authorize any ordinance, rule, or police regulation.
63+ SECTION 2. EFFECTIVE DATE. This Act takes effect
64+ immediately if it receives a vote of two-thirds of all the members
65+ elected to each house, as provided by Section 39, Article III, Texas
66+ Constitution. If this Act does not receive the vote necessary for
67+ immediate effect, this Act takes effect September 1, 2019.