88R3087 AMF-F
By: Springer S.B. No. 149
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to regulate statewide
commerce.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 51, Local Government Code,
is amended by adding Section 51.004 to read as follows:
Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS
AUTHORIZED; REGULATION OF STATEWIDE COMMERCE PROHIBITED. (a) In
this section:
(1) "Citizens' physical safety" means the protection
of citizens from physical bodily injury inflicted by physical
contact with another person, an animal, or a physical condition on
real property.
(2) "Commercial activity" means the purchase or sale
of goods or services of any kind or quantity by a person who engages
in that activity in more than one municipality in this state.
(3) "Regulation of local land use" means taking action
consistent with Chapter 211, 212, 213, or 214, including adopting
and enforcing building construction standards, building
permitting, and prohibiting or limiting the use of designated
property for one or more designated types or categories of
commercial activity. The term does not include any restriction,
condition, or regulation of the goods, services, transactions,
operations, purchaser-seller interactions, employment practices,
finances, advertising, marketing, or any other conduct or practices
by a person engaging in a commercial activity.
(4) "Uniquely local concern" means a particularized
concern unique to the physical conditions in the municipality. The
term does not include a commercial activity that is subject to state
or federal regulation.
(b) Notwithstanding any other law and except as provided by
Subsection (c), a municipality may not adopt or enforce an
ordinance, regulation, or other measure that imposes a restriction,
condition, or regulation on commercial activity. The prohibited
action under this subsection impairs the free flow of commerce
across the state and is inconsistent with the general law of this
state.
(c) A municipality may adopt and enforce an ordinance,
regulation, or other measure that:
(1) is essential to directly regulating a uniquely
local concern that the governing body of the municipality
determines cannot be of similar concern in another municipality
because of the uniqueness of the local concern;
(2) is essential to necessary regulation of local land
use;
(3) is essential to protecting citizens' physical
safety;
(4) is expressly authorized to be adopted by a state
statute; or
(5) requires nondiscrimination in the provision of
employment or service to any person on the basis of any state or
federally protected class.
(d) A municipality acting under Subsection (c)(1) must
contemporaneously adopt a detailed written statement describing
the uniquely local concern and the basis for the municipality's
determination that the concern cannot be of similar concern in
another municipality.
(e) For purposes of Subsection (c)(4), a state statute that
provides the statute does not preempt or affect municipal
regulatory authority may not be construed to expressly authorize an
ordinance, regulation, or other measure.
SECTION 2. This Act takes effect September 1, 2023.