| 1 | 1 | | 86R10555 NC-F |
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| 2 | 2 | | By: Fallon S.B. No. 2013 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the preemption of municipal and county regulatory |
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| 8 | 8 | | authority. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 7, Local Government Code, is |
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| 11 | 11 | | amended by adding Chapter 247 to read as follows: |
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| 12 | 12 | | CHAPTER 247. PREEMPTION OF MUNICIPAL AND COUNTY REGULATORY |
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| 13 | 13 | | AUTHORITY |
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| 14 | 14 | | Sec. 247.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "License" has the meaning assigned by Section |
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| 16 | 16 | | 2001.003, Government Code. |
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| 17 | 17 | | (2) "Regulation" includes a charter provision, |
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| 18 | 18 | | ordinance, order, or rule. |
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| 19 | 19 | | Sec. 247.002. PREEMPTION. (a) A municipality or county may |
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| 20 | 20 | | not adopt or enforce a regulation that conflicts with a state law. |
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| 21 | 21 | | A regulation that conflicts with a state law is void. |
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| 22 | 22 | | (b) For purposes of this section, a municipal or county |
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| 23 | 23 | | regulation that conflicts with a state law includes a regulation: |
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| 24 | 24 | | (1) that is a type of regulation expressly preempted |
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| 25 | 25 | | by the state law; |
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| 26 | 26 | | (2) that regulates an area in which state law is |
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| 27 | 27 | | pervasive and occupies the field; |
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| 28 | 28 | | (3) that frustrates the purpose of the state law; |
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| 29 | 29 | | (4) for which there is no reasonable construction |
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| 30 | 30 | | under which the regulation and the state law can be given full |
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| 31 | 31 | | effect; or |
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| 32 | 32 | | (5) that regulates an activity performed under a |
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| 33 | 33 | | license issued by the state and actually or effectively prohibits a |
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| 34 | 34 | | person from performing the licensed activity. |
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| 35 | 35 | | Sec. 247.003. ENFORCEMENT BY ATTORNEY GENERAL. (a) The |
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| 36 | 36 | | attorney general may bring an action in the name of the state for |
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| 37 | 37 | | injunctive or declaratory relief for a violation of this chapter. |
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| 38 | 38 | | (b) The attorney general may file the action in a district |
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| 39 | 39 | | court in: |
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| 40 | 40 | | (1) Travis County; |
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| 41 | 41 | | (2) if the action is brought against a municipality, |
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| 42 | 42 | | the county in which the municipality is primarily located; or |
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| 43 | 43 | | (3) the county against which the action is brought. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2019. |
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