88R9784 JCG-F
By: Stucky H.B. No. 2440
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to regulate certain
health professions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 117 to read as follows:
CHAPTER 117. PREEMPTION
Sec. 117.001. PREEMPTION OF HEALTH PROFESSION REGULATIONS
BY MUNICIPALITIES. (a) In this section:
(1) "Occupational license" means a license, permit,
registration, certificate, or other authorization that a person
must obtain to engage in an occupation.
(2) "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) Unless expressly authorized by law, if a person is
required to possess an occupational license issued by a state
licensing authority under this title to engage in an occupation, a
municipality may not adopt or enforce any ordinance, rule, or
regulation that regulates the practice of that occupation.
SECTION 2. This Act takes effect September 1, 2023.