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