| 1 | 1 | | 88R9784 JCG-F |
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| 2 | 2 | | By: Stucky H.B. No. 2440 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a municipality to regulate certain |
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| 8 | 8 | | health professions. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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| 11 | 11 | | amended by adding Chapter 117 to read as follows: |
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| 12 | 12 | | CHAPTER 117. PREEMPTION |
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| 13 | 13 | | Sec. 117.001. PREEMPTION OF HEALTH PROFESSION REGULATIONS |
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| 14 | 14 | | BY MUNICIPALITIES. (a) In this section: |
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| 15 | 15 | | (1) "Occupational license" means a license, permit, |
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| 16 | 16 | | registration, certificate, or other authorization that a person |
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| 17 | 17 | | must obtain to engage in an occupation. |
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| 18 | 18 | | (2) "State licensing authority" means a state agency, |
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| 19 | 19 | | department, board, or commission or the executive or administrative |
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| 20 | 20 | | officer of a state agency, department, board, or commission that |
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| 21 | 21 | | issues an occupational license. |
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| 22 | 22 | | (b) Unless expressly authorized by law, if a person is |
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| 23 | 23 | | required to possess an occupational license issued by a state |
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| 24 | 24 | | licensing authority under this title to engage in an occupation, a |
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| 25 | 25 | | municipality may not adopt or enforce any ordinance, rule, or |
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| 26 | 26 | | regulation that regulates the practice of that occupation. |
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| 27 | 27 | | SECTION 2. This Act takes effect September 1, 2023. |
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