Texas 2023 - 88th Regular

Texas House Bill HB2127 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2127
2	2
3	3
4	4	AN ACT
5	5	relating to state preemption of and the effect of certain state or
6	6	federal law on certain municipal and county regulation.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act shall be known as the Texas Regulatory
9	9	Consistency Act.
10	10	SECTION 2. The legislature finds that:
11	11	(1) the state has historically been the exclusive
12	12	regulator of many aspects of commerce and trade in this state;
13	13	(2) in recent years, several local jurisdictions have
14	14	sought to establish their own regulations of commerce that are
15	15	different than the state's regulations; and
16	16	(3) the local regulations have led to a patchwork of
17	17	regulations that apply inconsistently across this state.
18	18	SECTION 3. The purpose of this Act is to provide statewide
19	19	consistency by returning sovereign regulatory powers to the state
20	20	where those powers belong in accordance with Section 5, Article XI,
21	21	Texas Constitution.
22	22	SECTION 4. This Act:
23	23	(1) may not be construed to prohibit a municipality or
24	24	county from building or maintaining a road, imposing a tax, or
25	25	carrying out any authority expressly authorized by statute;
26	26	(2) may not be construed to prohibit a home-rule
27	27	municipality from providing the same services and imposing the same
28	28	regulations that a general-law municipality is authorized to
29	29	provide or impose;
30	30	(3) does not, except as expressly provided by this
31	31	Act, affect the authority of a municipality to adopt, enforce, or
32	32	maintain an ordinance or rule that relates to the control, care,
33	33	management, welfare, or health and safety of animals;
34	34	(4) does not affect the authority of a municipality or
35	35	county to conduct a public awareness campaign;
36	36	(5) does not affect the authority of a municipality or
37	37	county to:
38	38	(A) enter into or negotiate terms of a collective
39	39	bargaining agreement with its employees; or
40	40	(B) adopt a policy related to its employees; and
41	41	(6) does not affect the authority of a municipality or
42	42	county to repeal or amend an existing ordinance, order, or rule that
43	43	violates the provisions of this Act for the limited purpose of
44	44	bringing that ordinance, order, or rule in compliance with this
45	45	Act.
46	46	SECTION 5. Chapter 1, Agriculture Code, is amended by
47	47	adding Section 1.004 to read as follows:
48	48	Sec. 1.004. PREEMPTION. Unless expressly authorized by
49	49	another statute, a municipality or county may not adopt, enforce,
50	50	or maintain an ordinance, order, or rule regulating conduct in a
51	51	field of regulation that is occupied by a provision of this code.
52	52	An ordinance, order, or rule that violates this section is void,
53	53	unenforceable, and inconsistent with this code.
54	54	SECTION 6. Subchapter A, Chapter 1, Business & Commerce
55	55	Code, is amended by adding Section 1.109 to read as follows:
56	56	Sec. 1.109. PREEMPTION. Unless expressly authorized by
57	57	another statute, a municipality or county may not adopt, enforce,
58	58	or maintain an ordinance, order, or rule regulating conduct in a
59	59	field of regulation that is occupied by a provision of this code.
60	60	An ordinance, order, or rule that violates this section is void,
61	61	unenforceable, and inconsistent with this code.
62	62	SECTION 7. Title 5, Civil Practice and Remedies Code, is
63	63	amended by adding Chapter 102A to read as follows:
64	64	CHAPTER 102A. MUNICIPAL AND COUNTY LIABILITY FOR CERTAIN
65	65	REGULATION
66	66	Sec. 102A.001. DEFINITION. In this chapter, "person" means
67	67	an individual, corporation, business trust, estate, trust,
68	68	partnership, limited liability company, association, joint
69	69	venture, agency or instrumentality, public corporation, any legal
70	70	or commercial entity, or protected or registered series of a
71	71	for-profit entity.
72	72	Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any
73	73	person who has sustained an injury in fact, actual or threatened,
74	74	from a municipal or county ordinance, order, or rule adopted or
75	75	enforced by a municipality or county in violation of any of the
76	76	following provisions or a trade association representing the person
77	77	has standing to bring and may bring an action against the
78	78	municipality or county:
79	79	(1) Section 1.004, Agriculture Code;
80	80	(2) Section 1.109, Business & Commerce Code;
81	81	(3) Section 1.004, Finance Code;
82	82	(4) Section 30.005, Insurance Code;
83	83	(5) Section 1.005, Labor Code;
84	84	(6) Section 229.901, Local Government Code;
85	85	(7) Section 1.003, Natural Resources Code;
86	86	(8) Section 1.004, Occupations Code; or
87	87	(9) Section 1.004, Property Code.
88	88	Sec. 102A.003. REMEDIES. (a) A claimant is entitled to
89	89	recover in an action brought under this chapter:
90	90	(1) declaratory and injunctive relief; and
91	91	(2) costs and reasonable attorney's fees.
92	92	(b) A municipality or county is entitled to recover in an
93	93	action brought under this chapter costs and reasonable attorney's
94	94	fees if the court finds the action to be frivolous.
95	95	Sec. 102A.004. IMMUNITY WAIVER. Governmental immunity of a
96	96	municipality or county to suit and from liability is waived to the
97	97	extent of liability created by this chapter.
98	98	Sec. 102A.005. NOTICE. A municipality or county is
99	99	entitled to receive notice of a claim against it under this chapter
100	100	not later than three months before the date a claimant files an
101	101	action under this chapter. The notice must reasonably describe:
102	102	(1) the injury claimed; and
103	103	(2) the ordinance, order, or rule that is the cause of
104	104	the injury.
105	105	Sec. 102A.006. VENUE. (a) Notwithstanding any other law,
106	106	including Chapter 15, a claimant may bring an action under this
107	107	chapter in:
108	108	(1) the county in which all or a substantial part of
109	109	the events giving rise to the cause of action occurred; or
110	110	(2) if the defendant is a municipality, a county in
111	111	which the municipality is located.
112	112	(b) If the action is brought in a venue authorized by this
113	113	section, the action may not be transferred to a different venue
114	114	without the written consent of all parties.
115	115	SECTION 8. Chapter 1, Finance Code, is amended by adding
116	116	Section 1.004 to read as follows:
117	117	Sec. 1.004. PREEMPTION. (a) Unless expressly authorized
118	118	by another statute and except as provided by Subsection (b), a
119	119	municipality or county may not adopt, enforce, or maintain an
120	120	ordinance, order, or rule regulating conduct in a field of
121	121	regulation that is occupied by a provision of this code. An
122	122	ordinance, order, or rule that violates this section is void,
123	123	unenforceable, and inconsistent with this code.
124	124	(b) A municipality or county may enforce or maintain an
125	125	ordinance, order, or rule regulating any conduct under Chapter 393
126	126	and any conduct related to a credit services organization, as
127	127	defined by Section 393.001 or by any other provision of this code,
128	128	or a credit access business, as defined by Section 393.601 or by any
129	129	other provision of this code, if:
130	130	(1) the municipality or county adopted the ordinance,
131	131	order, or rule before January 1, 2023; and
132	132	(2) the ordinance, order, or rule would have been
133	133	valid under the law as it existed before the date this section was
134	134	enacted.
135	135	SECTION 9. Chapter 30, Insurance Code, is amended by adding
136	136	Section 30.005 to read as follows:
137	137	Sec. 30.005. PREEMPTION. Unless expressly authorized by
138	138	another statute, a municipality or county may not adopt, enforce,
139	139	or maintain an ordinance, order, or rule regulating conduct in a
140	140	field of regulation that is occupied by a provision of this code.
141	141	An ordinance, order, or rule that violates this section is void,
142	142	unenforceable, and inconsistent with this code.
143	143	SECTION 10. Chapter 1, Labor Code, is amended by adding
144	144	Section 1.005 to read as follows:
145	145	Sec. 1.005. PREEMPTION. (a) Unless expressly authorized
146	146	by another statute, a municipality or county may not adopt,
147	147	enforce, or maintain an ordinance, order, or rule regulating
148	148	conduct in a field of regulation that is occupied by a provision of
149	149	this code. An ordinance, order, or rule that violates this section
150	150	is void, unenforceable, and inconsistent with this code.
151	151	(b) For purposes of Subsection (a), a field occupied by a
152	152	provision of this code includes employment leave, hiring practices,
153	153	breaks, employment benefits, scheduling practices, and any other
154	154	terms of employment that exceed or conflict with federal or state
155	155	law for employers other than a municipality or county.
156	156	SECTION 11. Subchapter A, Chapter 51, Local Government
157	157	Code, is amended by adding Section 51.002 to read as follows:
158	158	Sec. 51.002. ORDINANCE OR RULES INCONSISTENT WITH STATE LAW
159	159	PROHIBITED. Notwithstanding Section 51.001, the governing body of
160	160	a municipality may adopt, enforce, or maintain an ordinance or rule
161	161	only if the ordinance or rule is consistent with the laws of this
162	162	state.
163	163	SECTION 12. Chapter 229, Local Government Code, is amended
164	164	by adding Subchapter Z to read as follows:
165	165	SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
166	166	Sec. 229.901. AUTHORITY TO REGULATE ANIMAL BUSINESSES. (a)
167	167	A municipality may not adopt, enforce, or maintain an ordinance or
168	168	rule that restricts, regulates, limits, or otherwise impedes a
169	169	business involving the breeding, care, treatment, or sale of
170	170	animals or animal products, including a veterinary practice, or the
171	171	business's transactions if the person operating that business holds
172	172	a license for the business that is issued by the federal government
173	173	or a state.
174	174	(b) Except as provided by this subsection, a municipality
175	175	may not adopt, enforce, or maintain an ordinance or rule that
176	176	restricts, regulates, limits, or otherwise impedes the retail sale
177	177	of dogs or cats. A municipality may enforce or maintain an
178	178	ordinance or rule adopted before April 1, 2023, that restricts,
179	179	regulates, limits, or otherwise impedes the retail sale of dogs or
180	180	cats until the state adopts statewide regulation for the retail
181	181	sale of dogs or cats, as applicable.
182	182	SECTION 13. Chapter 1, Natural Resources Code, is amended
183	183	by adding Section 1.003 to read as follows:
184	184	Sec. 1.003. PREEMPTION. Unless expressly authorized by
185	185	another statute, a municipality or county may not adopt, enforce,
186	186	or maintain an ordinance, order, or rule regulating conduct in a
187	187	field of regulation that is occupied by a provision of this code.
188	188	An ordinance, order, or rule that violates this section is void,
189	189	unenforceable, and inconsistent with this code.
190	190	SECTION 14. Chapter 1, Occupations Code, is amended by
191	191	adding Section 1.004 to read as follows:
192	192	Sec. 1.004. PREEMPTION. (a) Unless expressly authorized
193	193	by another statute, a municipality or county may not adopt,
194	194	enforce, or maintain an ordinance, order, or rule regulating
195	195	conduct in a field of regulation that is occupied by a provision of
196	196	this code. An ordinance, order, or rule that violates this section
197	197	is void, unenforceable, and inconsistent with this code.
198	198	(b) Subsection (a) may not be construed to affect municipal
199	199	or county authority to regulate a massage establishment in
200	200	accordance with Section 455.005.
201	201	SECTION 15. Chapter 1, Property Code, is amended by adding
202	202	Section 1.004 to read as follows:
203	203	Sec. 1.004. PREEMPTION. (a) Unless expressly authorized
204	204	by another statute, a municipality or county may not adopt,
205	205	enforce, or maintain an ordinance, order, or rule regulating
206	206	conduct in a field of regulation that is occupied by a provision of
207	207	this code. An ordinance, order, or rule that violates this section
208	208	is void, unenforceable, and inconsistent with this code.
209	209	(b) For purposes of Subsection (a), a field occupied by a
210	210	provision of this code includes an ordinance, order, or rule
211	211	regulating evictions or otherwise prohibiting, restricting, or
212	212	delaying delivery of a notice to vacate or filing a suit to recover
213	213	possession of the premises under Chapter 24.
214	214	SECTION 16. Chapter 102A, Civil Practice and Remedies Code,
215	215	as added by this Act, applies only to a cause of action that accrues
216	216	on or after the effective date of this Act.
217	217	SECTION 17. This Act takes effect immediately if it
218	218	receives a vote of two-thirds of all the members elected to each
219	219	house, as provided by Section 39, Article III, Texas Constitution.
220	220	If this Act does not receive the vote necessary for immediate
221	221	effect, this Act takes effect September 1, 2023.
222	222	______________________________ ______________________________
223	223	President of the Senate Speaker of the House
224	224	I certify that H.B. No. 2127 was passed by the House on April
225	225	19, 2023, by the following vote: Yeas 92, Nays 55, 1 present, not
226	226	voting; and that the House concurred in Senate amendments to H.B.
227	227	No. 2127 on May 19, 2023, by the following vote: Yeas 84, Nays 58,
228	228	1 present, not voting.
229	229	______________________________
230	230	Chief Clerk of the House
231	231	I certify that H.B. No. 2127 was passed by the Senate, with
232	232	amendments, on May 16, 2023, by the following vote: Yeas 18, Nays
233	233	13.
234	234	______________________________
235	235	Secretary of the Senate
236	236	APPROVED: __________________
237	237	Date
238	238	__________________
239	239	Governor