Texas 2021 - 87th Regular

Texas House Bill HB610 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R16680 JCG-F
2		-	By: Swanson, et al. H.B. No. 610
3		-	Substitute the following for H.B. No. 610:
4		-	By: Krause C.S.H.B. No. 610
	1	+	87R1910 JCG-F
	2	+	By: Swanson H.B. No. 610
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to judicial review of certain local laws applicable to
10	8		state license holders.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. This Act may be cited as the Regulations with
13		-	Economic Impact in Need of ~~Scrutiny~~ (REINS) Act.
	11	+	Economic Impact in Need of Security (REINS) Act.
14	12		SECTION 2. The purpose of this Act is to provide a judicial
15	13		remedy to ensure that a state license holder has the right to engage
16	14		in an occupation or business activity authorized by and regulated
17	15		under state law without burdensome or inconsistent local regulation
18	16		of the state license holder's occupation or lawful business
19	17		activities.
20	18		SECTION 3. Title 2, Occupations Code, is amended by adding
21	19		Chapter 60 to read as follows:
22	20		CHAPTER 60. JUDICIAL REVIEW OF CERTAIN LOCAL LAWS AFFECTING
23	21		LICENSE HOLDERS
24	22		Sec. 60.001. DEFINITIONS. In this chapter:
25	23		(1) "Local law" means an ordinance, rule, regulation,
26	24		or other measure adopted by the governing body of a municipality
27	25		that establishes requirements for, imposes restrictions on, or
28	26		otherwise regulates the occupation or business activity of a
29	27		license holder within the municipality or the municipality's
30	28		extraterritorial jurisdiction.
31	29		(2) "License holder" means an individual or entity
32	30		that, under state law, in order to practice the individual's
33	31		occupation or conduct the entity's business in this state, is
34	32		required to obtain a license, permit, registration certificate, or
35	33		other evidence of authority from, and is subject to regulation by, a
36	34		state licensing authority.
37	35		(3) "State licensing authority" means a state agency,
38	36		department, board, or commission or the executive or administrative
39	37		officer of a state agency, department, board, or commission that
40	38		issues a license, permit, registration certificate, or other
41	39		evidence of authority to an individual or entity authorizing the
42	40		individual to practice the individual's occupation or the entity to
43	41		conduct the entity's business in this state.
44	42		Sec. 60.002. SUIT TO ENJOIN ENFORCEMENT OF CERTAIN LOCAL
45	43		LAWS AFFECTING LICENSE HOLDERS. (a) A license holder subject to a
46	44		local law may bring an action under this section to enjoin the
47	45		enforcement of the local law if the local law:
48	46		(1) establishes requirements for, imposes
49	47		restrictions on, or otherwise regulates the occupation or business
50	48		activity of the license holder in a manner that is more stringent
51	49		than the requirements, restrictions, and regulations imposed on the
52	50		license holder under state law; or
53	51		(2) would result in an adverse economic impact on the
54	52		license holder.
55	53		(b) A license holder must bring the action in a district
56	54		court in:
57	55		(1) a county that includes any territory of the
58	56		municipality that adopted the local law; or
59	57		(2) Travis County.
60	58		(c) The license holder bringing the action under this
61	59		section must show by a preponderance of the evidence that the local
62	60		law is a local law described by Subsection (a). The license holder
63	61		may provide evidence regarding the adverse economic impact of
64	62		similar local laws in other jurisdictions inside or outside of this
65	63		state.
66	64		(d) If the license holder satisfies the burden of proof
67	65		required by Subsection (c), the municipality defending the action
68	66		has the burden of establishing by clear and convincing evidence
69	67		that the local law:
70	68		(1) does not conflict with state law; and
71	69		(2) is necessary and narrowly tailored to protect
72	70		against actual and specific harm to the public's health or safety.
73	71		(e) The court may grant any prohibitory or mandatory relief
74	72		warranted by the facts, including a temporary restraining order,
75	73		temporary injunction, or permanent injunction.
76	74		(f) If the license holder prevails in the action, the court
77	75		shall award to the license holder court costs and reasonable and
78	76		necessary attorney's fees to be paid by the municipality defending
79	77		the action.
80	78		SECTION 4. This Act takes effect immediately if it receives
81	79		a vote of two-thirds of all the members elected to each house, as
82	80		provided by Section 39, Article III, Texas Constitution. If this
83	81		Act does not receive the vote necessary for immediate effect, this
84	82		Act takes effect September 1, 2021.