Texas 2019 - 86th Regular

Texas Senate Bill SB1209 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hancock, Hall S.B. No. 1209
	2	+	(In the Senate - Filed February 27, 2019; March 7, 2019,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 8, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1209 By: Nelson
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the authority of a political subdivision to regulate
7	14		certain activities.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Title 2, Occupations Code, is amended by adding
10	17		Chapter 60 to read as follows:
11	18		CHAPTER 60. PREEMPTION
12	19		Sec. 60.001. PREEMPTION OF LOCAL LICENSING REQUIREMENTS.
13	20		(a) In this section:
14	21		(1) "Occupational license" means a license, permit,
15	22		registration, certificate, or other authorization that is:
16	23		(A) issued by a licensing authority; and
17	24		(B) required by an ordinance, rule, regulation,
18	25		policy, or law for an individual to engage in an occupation.
19	26		(2) "Political subdivision" means a county,
20	27		municipality, special district, or other political subdivision of
21	28		this state.
22	29		(3) "State licensing authority" means a state agency,
23	30		department, board, or commission or the executive or administrative
24	31		officer of a state agency, department, board, or commission that
25	32		issues an occupational license.
26	33		(b) Notwithstanding any other law, other than Subsection
27	34		(d), if an individual is required to possess an occupational
28	35		license issued by a state licensing authority to engage in an
29	36		occupation, a political subdivision may not adopt or enforce any
30	37		ordinance, order, rule, regulation, law, or policy that requires
31	38		the individual to:
32	39		(1) possess an occupational license issued by the
33	40		political subdivision to engage in that occupation; or
34	41		(2) meet any other requirement or precondition to
35	42		engage in that occupation.
36	43		(c) An ordinance, order, rule, regulation, law, or policy
37	44		that violates Subsection (b) is void and unenforceable.
38	45		(d) This section does not limit the authority of a political
39	46		subdivision to adopt and enforce:
40	47		(1) a zoning regulation, including a zoning regulation
41	48		or zoning district boundary adopted under Chapter 211 or 231, Local
42	49		Government Code;
43	50		(2) a restriction on the location where an occupation
44	51		may be engaged in, including a restriction on the location of a
45	52		sexually oriented business or a business licensed or permitted
46		-	under the Alcoholic Beverage Code to sell an alcoholic beverage;
	53	+	under the Alcoholic Beverage Code to sell an alcoholic beverage; or
47	54		(3) an ordinance, order, rule, regulation, law, or
48	55		policy that regulates a credit access business, as defined by
49		-	Section 393.601, Finance Code;
50		-	(4) a requirement on a towing company or a vehicle
51		-	storage facility, as those terms are defined by Section 2308.002,
52		-	to register with the political subdivision in which the company or
53		-	facility operates, without payment of any fee or complying with any
54		-	other condition, solely for the purpose of facilitating an incident
55		-	management tow, as defined by that section, and storing the towed
56		-	vehicle; or
57		-	(5) an ordinance, order, rule, regulation, law, or
58		-	policy that protects the health or safety of persons in the
59		-	political subdivision, as authorized by other law, including
60		-	Chapters 121, 122, 146, 341, 343, and 437, Health and Safety Code,
61		-	and Chapter 214, Local Government Code.
	56	+	Section 393.601, Finance Code.
62	57		SECTION 2. This Act takes effect September 1, 2019.
	58	+	* * * * *