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