Texas House Bill HB2266

Texas 2023 - 88th Regular

• Filed: 2/13/23
• Out of House Committee: 4/24/23
• Voted on by House: 5/11/23
• Out of Senate Committee: 5/21/23

Caption

Relating to judicial review of certain local laws applicable to state license holders.

Impact

HB 2266 could significantly alter the relationship between state and local regulations, allowing for increased legal recourse for license holders faced with local legislative measures. Supporters see it as a tool to prevent local regulations from hindering lawful business operations, whereas opponents express concern that it could undermine local governance and the ability of municipalities to address community-specific issues effectively.

Summary

House Bill 2266, known as the Regulations with Economic Impact in Need of Scrutiny (REINS) Act, is designed to provide a judicial remedy for state license holders against local laws that impose more burdensome regulations than state law. This bill allows license holders to challenge local ordinances that adversely affect their business activities or impose stricter requirements compared to state regulations. It specifies the judicial process for such challenges and emphasizes the need for local laws to align with state interests. The bill also addresses the potential economic implications for license holders facing local regulations.

Contention

Key points of contention surround the balance of power between state and local governments. Advocates argue that the bill is necessary to protect businesses from inconsistent regulations, while critics contend that it may encroach on local authority and harm community interests.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 243. Municipal And County Authority To Regulate Sexually Oriented Business
  • Section: New Section
  • Section: 001

• Chapter 234. County Regulation Of Businesses And Occupations
  • Section: New Section
  • Section: 101

Finance Code

• Chapter 393. Credit Services Organizations
  • Section: New Section
  • Section: New Section
  • Section: 601

Occupations Code

• Chapter 60. Digital Licenses
  • Section: New Section