| 1 | 1 | | By: Shaheen H.B. No. 3790 |
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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 authority of a municipality to regulate statewide |
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| 7 | 7 | | commerce. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 51, Local Government Code, |
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| 10 | 10 | | is amended by adding Section 51.004 to read as follows: |
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| 11 | 11 | | Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS |
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| 12 | 12 | | AUTHORIZED; REGULATION OF STATEWIDE COMMERCE PROHIBITED. (a) In |
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| 13 | 13 | | this section: |
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| 14 | 14 | | (1) "Citizens' physical safety" means the protection |
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| 15 | 15 | | of citizens from physical bodily injury inflicted by physical |
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| 16 | 16 | | contact with another person, an animal, or a physical condition on |
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| 17 | 17 | | real property. |
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| 18 | 18 | | (2) "Commercial activity" means the purchase or sale |
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| 19 | 19 | | of goods or services of any kind or quantity by a person who engages |
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| 20 | 20 | | in that activity in more than one municipality in this state. |
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| 21 | 21 | | (3) "Regulation of local land use" means taking action |
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| 22 | 22 | | consistent with Chapters 211 through 214, including adopting and |
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| 23 | 23 | | enforcing building construction standards, building permitting, |
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| 24 | 24 | | and barring or limiting the use of designated property for one or |
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| 25 | 25 | | more designated types or categories of commercial activity. The |
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| 26 | 26 | | term does not include any restriction, condition, or regulation of |
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| 27 | 27 | | the goods, services, transactions, operations, purchaser-seller |
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| 28 | 28 | | interactions, employment practices, finances, advertising, |
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| 29 | 29 | | marketing, or any other conduct or practices by a person engaging in |
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| 30 | 30 | | a commercial activity. |
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| 31 | 31 | | (4) "Uniquely local concern" means a particularized |
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| 32 | 32 | | concern unique to the physical conditions in the municipality. The |
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| 33 | 33 | | term does not include a commercial activity that is subject to state |
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| 34 | 34 | | or federal regulation. |
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| 35 | 35 | | (b) Notwithstanding any other law and except as provided by |
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| 36 | 36 | | Subsection (c), a municipality may not adopt or enforce an |
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| 37 | 37 | | ordinance, rule, or regulation that imposes a restriction, |
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| 38 | 38 | | condition, or regulation on commercial activity. The prohibited |
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| 39 | 39 | | action under this subsection impairs the free flow of commerce |
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| 40 | 40 | | across the state and is inconsistent with the general law of this |
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| 41 | 41 | | state. |
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| 42 | 42 | | (c) A municipality may adopt and enforce an ordinance, rule, |
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| 43 | 43 | | or regulation that: |
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| 44 | 44 | | (1) is essential to directly regulating a uniquely |
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| 45 | 45 | | local concern that the governing body of the municipality |
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| 46 | 46 | | determines cannot be of similar concern in another municipality |
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| 47 | 47 | | because of the uniqueness of the local concern; |
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| 48 | 48 | | (2) is essential to necessary regulation of local land |
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| 49 | 49 | | use; |
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| 50 | 50 | | (3) is essential to protecting citizens' physical |
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| 51 | 51 | | safety; |
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| 52 | 52 | | (4) is expressly authorized to be adopted by a state |
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| 53 | 53 | | statute; or |
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| 54 | 54 | | (5) requires nondiscrimination in the provision of |
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| 55 | 55 | | employment or service to any person on the basis of any state or |
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| 56 | 56 | | federally protected class, sexual orientation, or gender identity. |
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| 57 | 57 | | (d) A municipality acting under Subsection (c)(1) must |
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| 58 | 58 | | contemporaneously adopt a detailed written statement describing |
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| 59 | 59 | | the uniquely local concern and the basis for the municipality's |
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| 60 | 60 | | determination that the concern cannot be of similar concern in |
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| 61 | 61 | | another municipality. |
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| 62 | 62 | | (e) For purposes of Subsection (c)(4), a state statute that |
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| 63 | 63 | | provides the statute does not preempt or affect municipal |
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| 64 | 64 | | regulatory authority may not be construed to expressly authorize an |
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| 65 | 65 | | ordinance, rule, or regulation. |
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| 66 | 66 | | SECTION 2. This Act takes effect September 1, 2021. |
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