88R8534 JCG-D
By: Harris of Anderson H.B. No. 2350
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to regulate
certain activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. PREEMPTION
Sec. 60.001. PREEMPTION OF LOCAL LICENSING REQUIREMENTS.
(a) In this section:
(1) "Occupational license" means a license, permit,
registration, certificate, or other authorization that is:
(A) issued by a licensing authority; and
(B) required by an ordinance, rule, regulation,
policy, or law for a person to engage in an occupation.
(2) "Political subdivision" means a county,
municipality, special district, or other political subdivision of
this state.
(3) "State licensing authority" means a state agency,
department, board, or commission or the executive or administrative
officer of a state agency, department, board, or commission that
issues an occupational license.
(b) Notwithstanding any other law, other than Subsection
(d), if a person is required to possess an occupational license
issued by a state licensing authority to engage in an occupation, a
political subdivision may not adopt or enforce any ordinance,
order, rule, regulation, law, or policy that:
(1) requires the person to possess an occupational
license issued by the political subdivision to engage in that
occupation; or
(2) is more stringent than or is inconsistent with a
law of this state or a rule adopted by the applicable state
licensing authority and that regulates in any manner a contract
entered into between the person and a member of the public for the
purchase of goods or services from the person.
(c) An ordinance, order, rule, regulation, law, or policy
that violates Subsection (b) is void and unenforceable.
(d) This section does not limit the authority of a political
subdivision to adopt and enforce:
(1) a zoning regulation, including a zoning regulation
or zoning district boundary adopted under Chapter 211 or 231, Local
Government Code;
(2) a restriction on the location where an occupation
may be engaged in, including a restriction on the location of a
sexually oriented business or a business licensed or permitted
under the Alcoholic Beverage Code to sell an alcoholic beverage;
(3) a requirement on a towing company or a vehicle
storage facility, as those terms are defined by Section 2308.002,
to register with the political subdivision in which the company or
facility operates, without payment of any fee or complying with any
other condition, solely for the purpose of facilitating an incident
management tow, as defined by that section, and storing the towed
vehicle; or
(4) an ordinance, order, rule, regulation, law, or
policy that protects the health or safety of persons in the
political subdivision, as authorized by other law, including
Chapters 121, 122, 146, 341, 343, and 437, Health and Safety Code,
and Chapter 214, Local Government Code.
SECTION 2. This Act takes effect September 1, 2023.