Texas 2023 - 88th Regular

Texas Senate Bill SB149 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3087 AMF-F
2	2	By: Springer S.B. No. 149
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a municipality to regulate statewide
8	8	commerce.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 51, Local Government Code,
11	11	is amended by adding Section 51.004 to read as follows:
12	12	Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS
13	13	AUTHORIZED; REGULATION OF STATEWIDE COMMERCE PROHIBITED. (a) In
14	14	this section:
15	15	(1) "Citizens' physical safety" means the protection
16	16	of citizens from physical bodily injury inflicted by physical
17	17	contact with another person, an animal, or a physical condition on
18	18	real property.
19	19	(2) "Commercial activity" means the purchase or sale
20	20	of goods or services of any kind or quantity by a person who engages
21	21	in that activity in more than one municipality in this state.
22	22	(3) "Regulation of local land use" means taking action
23	23	consistent with Chapter 211, 212, 213, or 214, including adopting
24	24	and enforcing building construction standards, building
25	25	permitting, and prohibiting or limiting the use of designated
26	26	property for one or more designated types or categories of
27	27	commercial activity. The term does not include any restriction,
28	28	condition, or regulation of the goods, services, transactions,
29	29	operations, purchaser-seller interactions, employment practices,
30	30	finances, advertising, marketing, or any other conduct or practices
31	31	by a person engaging in a commercial activity.
32	32	(4) "Uniquely local concern" means a particularized
33	33	concern unique to the physical conditions in the municipality. The
34	34	term does not include a commercial activity that is subject to state
35	35	or federal regulation.
36	36	(b) Notwithstanding any other law and except as provided by
37	37	Subsection (c), a municipality may not adopt or enforce an
38	38	ordinance, regulation, or other measure that imposes a restriction,
39	39	condition, or regulation on commercial activity. The prohibited
40	40	action under this subsection impairs the free flow of commerce
41	41	across the state and is inconsistent with the general law of this
42	42	state.
43	43	(c) A municipality may adopt and enforce an ordinance,
44	44	regulation, or other measure that:
45	45	(1) is essential to directly regulating a uniquely
46	46	local concern that the governing body of the municipality
47	47	determines cannot be of similar concern in another municipality
48	48	because of the uniqueness of the local concern;
49	49	(2) is essential to necessary regulation of local land
50	50	use;
51	51	(3) is essential to protecting citizens' physical
52	52	safety;
53	53	(4) is expressly authorized to be adopted by a state
54	54	statute; or
55	55	(5) requires nondiscrimination in the provision of
56	56	employment or service to any person on the basis of any state or
57	57	federally protected class.
58	58	(d) A municipality acting under Subsection (c)(1) must
59	59	contemporaneously adopt a detailed written statement describing
60	60	the uniquely local concern and the basis for the municipality's
61	61	determination that the concern cannot be of similar concern in
62	62	another municipality.
63	63	(e) For purposes of Subsection (c)(4), a state statute that
64	64	provides the statute does not preempt or affect municipal
65	65	regulatory authority may not be construed to expressly authorize an
66	66	ordinance, regulation, or other measure.
67	67	SECTION 2. This Act takes effect September 1, 2023.