| 1 | 1 | | By: Fallon S.B. No. 1901 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | Relating to the encouragement of intra-state commerce. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter A, Chapter 51, Local Government |
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| 9 | 9 | | Code, is amended by adding Section 51.004 to read as follows: |
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| 10 | 10 | | Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS |
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| 11 | 11 | | AUTHORIZED; OTHER REGULATION OF STATE-WIDE COMMERCE PROHIBITED. |
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| 12 | 12 | | (a) In this section: |
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| 13 | 13 | | (1) "commercial activity" means the purchase or sale |
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| 14 | 14 | | of goods or services of any kind or quantity, conducted by a person |
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| 15 | 15 | | who engages in such activity in more than one municipality in this |
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| 16 | 16 | | state; |
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| 17 | 17 | | (2) "uniquely local concern" means a particularized |
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| 18 | 18 | | concern unique to the physical conditions in the municipality; |
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| 19 | 19 | | (3) "regulation of local land use" means taking action |
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| 20 | 20 | | consistent with Chapters 211-214 and includes adoption and |
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| 21 | 21 | | enforcement of building construction standards and permitting, |
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| 22 | 22 | | barring, or limiting the use of designated property for one or more |
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| 23 | 23 | | designated types or categories of commercial activity, but shall |
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| 24 | 24 | | not include any restriction, condition, or regulation of the goods, |
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| 25 | 25 | | services, transactions, operations, purchaser-seller |
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| 26 | 26 | | interactions, employment practices, finances, advertising, |
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| 27 | 27 | | marketing, or any other conduct or practices by a person engaging in |
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| 28 | 28 | | a commercial activity; and |
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| 29 | 29 | | (4) "citizens' physical safety" means protection of |
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| 30 | 30 | | citizens from physical bodily injury inflicted by physical contact |
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| 31 | 31 | | with another person, animal, or physical condition on real |
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| 32 | 32 | | property. |
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| 33 | 33 | | (b) Except as authorized by Subsection (c), the governing |
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| 34 | 34 | | body of a municipality may not adopt or enforce an ordinance, rule, |
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| 35 | 35 | | or police regulation that imposes a restriction, condition, or |
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| 36 | 36 | | regulation on commercial activity. |
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| 37 | 37 | | (c) The governing body may adopt and enforce an ordinance, |
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| 38 | 38 | | rule, or police regulation: |
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| 39 | 39 | | (1) essential to directly regulating a uniquely local |
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| 40 | 40 | | concern that the governing body determines cannot be of similar |
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| 41 | 41 | | concern in another municipality because of the uniqueness of the |
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| 42 | 42 | | local concern; |
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| 43 | 43 | | (2) essential to necessary regulation of local land |
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| 44 | 44 | | use; |
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| 45 | 45 | | (3) essential to protecting citizens' physical safety; |
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| 46 | 46 | | or |
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| 47 | 47 | | (4) that it is expressly authorized to adopt by a |
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| 48 | 48 | | statute of this state. |
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| 49 | 49 | | (d) A governing body acting under Section (c)(1) must |
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| 50 | 50 | | contemporaneously adopt a detailed written statement describing |
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| 51 | 51 | | the uniquely local concern and the basis for its determination that |
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| 52 | 52 | | the concern cannot be of similar concern in another municipality. |
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| 53 | 53 | | (e) An ordinance, rule, or police regulation prohibited by |
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| 54 | 54 | | subsection (b) impairs the free flow of commerce across the state |
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| 55 | 55 | | and is inconsistent with the general law of this state. |
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| 56 | 56 | | (f) A commercial activity that is subject to regulation by |
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| 57 | 57 | | this state or the United States cannot present any uniquely local |
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| 58 | 58 | | concern. |
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| 59 | 59 | | (g) A state statute that states it does not preempt |
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| 60 | 60 | | municipal regulatory authority or does not affect municipal |
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| 61 | 61 | | regulatory authority shall not be construed under Subsection (c)(4) |
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| 62 | 62 | | to expressly authorize any ordinance, rule, or police regulation. |
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| 63 | 63 | | SECTION 2. EFFECTIVE DATE. This Act takes effect |
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| 64 | 64 | | immediately if it receives a vote of two-thirds of all the members |
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| 65 | 65 | | elected to each house, as provided by Section 39, Article III, Texas |
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| 66 | 66 | | Constitution. If this Act does not receive the vote necessary for |
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| 67 | 67 | | immediate effect, this Act takes effect September 1, 2019. |
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