Texas 2023 - 88th Regular

Texas Senate Bill SB814 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Creighton S.B. No. 814
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to state preemption of certain municipal and county
7	7	regulation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act shall be known as the Texas Regulatory
10	10	Consistency Act.
11	11	SECTION 2. The legislature finds that:
12	12	(1) the State of Texas has historically been the
13	13	exclusive regulator of many aspects of commerce and trade in this
14	14	state;
15	15	(2) in recent years, several local jurisdictions have
16	16	sought to establish their own regulations of commerce that are
17	17	different than the state's regulations; and
18	18	(3) the local regulations have led to a patchwork of
19	19	regulations across this state that provide inconsistency.
20	20	SECTION 3. The purpose of this Act is to provide regulatory
21	21	consistency across this state and return the historic exclusive
22	22	regulatory powers to the state where those powers belong.
23	23	SECTION 4. Chapter 1, Agriculture Code, is amended by
24	24	adding Section 1.004 to read as follows:
25	25	Sec. 1.004. FIELD PREEMPTION. The provisions of this code
26	26	preclude municipalities or counties from adopting or enforcing an
27	27	ordinance, order, rule, or policy in a field occupied by a
28	28	provision of this code unless explicitly authorized by statute. A
29	29	municipal or county ordinance, order, rule, or policy that violates
30	30	this section is void and unenforceable.
31	31	SECTION 5. Title 5, Civil Practice and Remedies Code, is
32	32	amended by adding Chapter 102A to read as follows:
33	33	CHAPTER 102A. MUNICIPAL AND COUNTY LIABILITY FOR PREEMPTED
34	34	REGULATION
35	35	Sec. 102A.001. LIABILITY FOR CERTAIN PREEMPTED REGULATION.
36	36	Any person, including a taxpayer, adversely affected by a municipal
37	37	or county ordinance, order, rule, or policy adopted or enforced by
38	38	a municipality, county, municipal official or county official
39	39	acting in their official capacity in violation of any of the
40	40	following provisions has standing to bring and may bring an action
41	41	against the municipality, county or official:
42	42	(1) Section 1.004, Agriculture Code;
43	43	(2) Section 1.004, Finance Code;
44	44	(3) Section 30.005, Insurance Code;
45	45	(4) Section 1.005, Labor Code;
46	46	(5) Section 1.003, Natural Resources Code; or
47	47	(6) Section 1.004, Occupations Code.
48	48	Sec. 102A.002. REMEDIES. A claimant is entitled to recover
49	49	in an action brought under this chapter:
50	50	(1) declaratory and injunctive relief; and
51	51	(2) costs and reasonable attorney's fees.
52	52	Sec. 102A.003. IMMUNITY WAIVER AND PROHIBITED DEFENSES.
53	53	(a) Governmental immunity, official immunity, and qualified
54	54	immunity, as applicable, are waived to the extent of liability
55	55	created by this chapter.
56	56	(b) Official and qualified immunity may not be asserted as
57	57	a defense in an action brought under this chapter.
58	58	Sec. 102A.004. VENUE. Notwithstanding any other law,
59	59	including Chapter 15, a claimant may bring an action under this
60	60	chapter in any county in this state. If the action is brought in a
61	61	venue authorized by this section, the action may not be transferred
62	62	to a different venue without the written consent of all parties.
63	63	Section 102A.005. PERSON. For purposes of this section
64	64	"person" means an individual, corporation, business trust, estate,
65	65	trust, partnership, limited liability company, association, joint
66	66	venture, government, governmental subdivision, agency or
67	67	instrumentality, public corporation, or any legal or commercial
68	68	entity, or protected series or registered series of a for-profit
69	69	entity.
70	70	SECTION 6. Chapter 1, Finance Code, is amended by adding
71	71	Section 1.004 to read as follows:
72	72	Sec. 1.004. FIELD PREEMPTION. The provisions of this code
73	73	preclude municipalities and counties from adopting or enforcing an
74	74	ordinance, order, rule, or policy in a field occupied by a
75	75	provision of this code unless explicitly authorized by statute. A
76	76	municipal or county ordinance, order, rule, or policy that violates
77	77	this section is void and unenforceable.
78	78	SECTION 7. Chapter 30, Insurance Code, is amended by adding
79	79	Section 30.005 to read as follows:
80	80	Sec. 30.005. FIELD PREEMPTION. The provisions of this code
81	81	preclude municipalities and counties from adopting or enforcing an
82	82	ordinance, order, rule, or policy in a field occupied by a
83	83	provision of this code unless explicitly authorized by statute. A
84	84	municipal or county ordinance, order, rule, or policy that violates
85	85	this section is void and unenforceable.
86	86	SECTION 8. Chapter 1, Labor Code, is amended by adding
87	87	Section 1.005 to read as follows:
88	88	Sec. 1.005. FIELD PREEMPTION. The provisions of this code
89	89	preclude municipalities and counties from adopting or enforcing an
90	90	ordinance, order, rule, or policy in a field occupied by a
91	91	provision of this code unless explicitly authorized by statute. A
92	92	municipal or county ordinance, order, rule, or policy that violates
93	93	this section is void and unenforceable.
94	94	SECTION 9. Chapter 1, Natural Resources Code, is amended by
95	95	adding Section 1.003 to read as follows:
96	96	Sec. 1.003. FIELD PREEMPTION. The provisions of this code
97	97	preclude municipalities and counties from adopting or enforcing an
98	98	ordinance, order, rule, or policy in a field occupied by a
99	99	provision of this code unless explicitly authorized by statute. A
100	100	municipal or county ordinance, order, rule, or policy that violates
101	101	this section is void and unenforceable.
102	102	SECTION 10. Chapter 1, Occupations Code, is amended by
103	103	adding Section 1.004 to read as follows:
104	104	Sec. 1.004. FIELD PREEMPTION. The provisions of this code
105	105	preclude municipalities and counties from adopting or enforcing an
106	106	ordinance, order, rule, or policy in a field occupied by a
107	107	provision of this code unless explicitly authorized by statute. A
108	108	municipal or county ordinance, order, rule, or policy that violates
109	109	this section is void and unenforceable.
110	110	SECTION 11. Chapter 102A, Civil Practice and Remedies Code,
111	111	as added by this Act, applies only to a cause of action that accrues
112	112	on or after the effective date of this Act.
113	113	SECTION 12. This Act takes effect immediately if it
114	114	receives a vote of two-thirds of all the members elected to each
115	115	house, as provided by Section 39, Article III, Texas Constitution.
116	116	If this Act does not receive the vote necessary for immediate
117	117	effect, this Act takes effect September 1, 2023.