| 1 | 1 | | By: Harris of Anderson, Cain H.B. No. 2350 |
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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 political subdivision to regulate |
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| 7 | 7 | | certain activities. |
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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. Title 2, Occupations Code, is amended by adding |
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| 10 | 10 | | Chapter 60 to read as follows: |
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| 11 | 11 | | CHAPTER 60. PREEMPTION |
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| 12 | 12 | | Sec. 60.001. PREEMPTION OF LOCAL LICENSING REQUIREMENTS. |
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| 13 | 13 | | (a) In this section: |
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| 14 | 14 | | (1) "Occupational license" means a license, permit, |
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| 15 | 15 | | registration, certificate, or other authorization that is: |
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| 16 | 16 | | (A) issued by a licensing authority; and |
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| 17 | 17 | | (B) required by an ordinance, rule, regulation, |
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| 18 | 18 | | policy, or law for a person to engage in an occupation. |
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| 19 | 19 | | (2) "Political subdivision" means a county, |
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| 20 | 20 | | municipality, special district, or other political subdivision of |
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| 21 | 21 | | this state. |
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| 22 | 22 | | (3) "State licensing authority" means a state agency, |
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| 23 | 23 | | department, board, or commission or the executive or administrative |
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| 24 | 24 | | officer of a state agency, department, board, or commission that |
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| 25 | 25 | | issues an occupational license. |
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| 26 | 26 | | (b) Notwithstanding any other law, other than Subsection |
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| 27 | 27 | | (d), if a person is required to possess an occupational license |
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| 28 | 28 | | issued by a state licensing authority to engage in an occupation, a |
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| 29 | 29 | | political subdivision may not adopt or enforce any ordinance, |
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| 30 | 30 | | order, rule, regulation, law, or policy that: |
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| 31 | 31 | | (1) requires the person to possess an occupational |
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| 32 | 32 | | license issued by the political subdivision to engage in that |
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| 33 | 33 | | occupation; or |
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| 34 | 34 | | (2) is more stringent than or is inconsistent with a |
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| 35 | 35 | | law of this state or a rule adopted by the applicable state |
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| 36 | 36 | | licensing authority and that regulates in any manner a contract |
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| 37 | 37 | | entered into between the person and a member of the public for the |
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| 38 | 38 | | purchase of goods or services from the person. |
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| 39 | 39 | | (c) An ordinance, order, rule, regulation, law, or policy |
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| 40 | 40 | | that violates Subsection (b) is void and unenforceable. |
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| 41 | 41 | | (d) This section does not limit the authority of a political |
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| 42 | 42 | | subdivision to adopt and enforce: |
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| 43 | 43 | | (1) a zoning regulation, including a zoning regulation |
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| 44 | 44 | | or zoning district boundary adopted under Chapter 211 or 231, Local |
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| 45 | 45 | | Government Code; |
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| 46 | 46 | | (2) a restriction on the location where an occupation |
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| 47 | 47 | | may be engaged in, including a restriction on the location of a |
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| 48 | 48 | | sexually oriented business or a business licensed or permitted |
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| 49 | 49 | | under the Alcoholic Beverage Code to sell an alcoholic beverage; |
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| 50 | 50 | | (3) a requirement on a towing company or a vehicle |
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| 51 | 51 | | storage facility, as those terms are defined by Section 2308.002, |
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| 52 | 52 | | to register with the political subdivision in which the company or |
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| 53 | 53 | | facility operates, without payment of any fee or complying with any |
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| 54 | 54 | | other condition, solely for the purpose of facilitating an incident |
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| 55 | 55 | | management tow, as defined by that section, and storing the towed |
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| 56 | 56 | | vehicle; |
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| 57 | 57 | | (4) an ordinance, order, rule, regulation, law, or |
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| 58 | 58 | | policy that protects the health or safety of persons in the |
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| 59 | 59 | | political subdivision, as authorized by other law, including |
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| 60 | 60 | | Chapters 121, 122, 146, 341, 343, and 437, Health and Safety Code, |
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| 61 | 61 | | and Chapter 214, Local Government Code; or |
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| 62 | 62 | | (5) an ordinance, order, rule, regulation, law, or |
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| 63 | 63 | | policy regulating any conduct under Chapter 393, Finance Code, and |
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| 64 | 64 | | any conduct related to a credit services organization, as defined |
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| 65 | 65 | | by Section 393.001, Finance Code, or a credit access business, as |
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| 66 | 66 | | defined by Section 393.601, Finance Code, if: |
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| 67 | 67 | | (A) the political subdivision adopted the |
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| 68 | 68 | | ordinance, order, rule, regulation, law, or policy before January |
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| 69 | 69 | | 1, 2023; and |
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| 70 | 70 | | (B) the ordinance, order, rule, regulation, law, |
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| 71 | 71 | | or policy would have been valid under the law as it existed on |
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| 72 | 72 | | August 31, 2023. |
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| 73 | 73 | | SECTION 2. This Act takes effect September 1, 2023. |
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