By: Creighton S.B. No. 814
A BILL TO BE ENTITLED
AN ACT
relating to state preemption of certain municipal and county
regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas Regulatory
Consistency Act.
SECTION 2. The legislature finds that:
(1) the State of Texas has historically been the
exclusive regulator of many aspects of commerce and trade in this
state;
(2) in recent years, several local jurisdictions have
sought to establish their own regulations of commerce that are
different than the state's regulations; and
(3) the local regulations have led to a patchwork of
regulations across this state that provide inconsistency.
SECTION 3. The purpose of this Act is to provide regulatory
consistency across this state and return the historic exclusive
regulatory powers to the state where those powers belong.
SECTION 4. Chapter 1, Agriculture Code, is amended by
adding Section 1.004 to read as follows:
Sec. 1.004. FIELD PREEMPTION. The provisions of this code
preclude municipalities or counties from adopting or enforcing an
ordinance, order, rule, or policy in a field occupied by a
provision of this code unless explicitly authorized by statute. A
municipal or county ordinance, order, rule, or policy that violates
this section is void and unenforceable.
SECTION 5. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 102A to read as follows:
CHAPTER 102A. MUNICIPAL AND COUNTY LIABILITY FOR PREEMPTED
REGULATION
Sec. 102A.001. LIABILITY FOR CERTAIN PREEMPTED REGULATION.
Any person, including a taxpayer, adversely affected by a municipal
or county ordinance, order, rule, or policy adopted or enforced by
a municipality, county, municipal official or county official
acting in their official capacity in violation of any of the
following provisions has standing to bring and may bring an action
against the municipality, county or official:
(1) Section 1.004, Agriculture Code;
(2) Section 1.004, Finance Code;
(3) Section 30.005, Insurance Code;
(4) Section 1.005, Labor Code;
(5) Section 1.003, Natural Resources Code; or
(6) Section 1.004, Occupations Code.
Sec. 102A.002. REMEDIES. A claimant is entitled to recover
in an action brought under this chapter:
(1) declaratory and injunctive relief; and
(2) costs and reasonable attorney's fees.
Sec. 102A.003. IMMUNITY WAIVER AND PROHIBITED DEFENSES.
(a) Governmental immunity, official immunity, and qualified
immunity, as applicable, are waived to the extent of liability
created by this chapter.
(b) Official and qualified immunity may not be asserted as
a defense in an action brought under this chapter.
Sec. 102A.004. VENUE. Notwithstanding any other law,
including Chapter 15, a claimant may bring an action under this
chapter in any county in this state. If the action is brought in a
venue authorized by this section, the action may not be transferred
to a different venue without the written consent of all parties.
Section 102A.005. PERSON. For purposes of this section
"person" means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint
venture, government, governmental subdivision, agency or
instrumentality, public corporation, or any legal or commercial
entity, or protected series or registered series of a for-profit
entity.
SECTION 6. Chapter 1, Finance Code, is amended by adding
Section 1.004 to read as follows:
Sec. 1.004. FIELD PREEMPTION. The provisions of this code
preclude municipalities and counties from adopting or enforcing an
ordinance, order, rule, or policy in a field occupied by a
provision of this code unless explicitly authorized by statute. A
municipal or county ordinance, order, rule, or policy that violates
this section is void and unenforceable.
SECTION 7. Chapter 30, Insurance Code, is amended by adding
Section 30.005 to read as follows:
Sec. 30.005. FIELD PREEMPTION. The provisions of this code
preclude municipalities and counties from adopting or enforcing an
ordinance, order, rule, or policy in a field occupied by a
provision of this code unless explicitly authorized by statute. A
municipal or county ordinance, order, rule, or policy that violates
this section is void and unenforceable.
SECTION 8. Chapter 1, Labor Code, is amended by adding
Section 1.005 to read as follows:
Sec. 1.005. FIELD PREEMPTION. The provisions of this code
preclude municipalities and counties from adopting or enforcing an
ordinance, order, rule, or policy in a field occupied by a
provision of this code unless explicitly authorized by statute. A
municipal or county ordinance, order, rule, or policy that violates
this section is void and unenforceable.
SECTION 9. Chapter 1, Natural Resources Code, is amended by
adding Section 1.003 to read as follows:
Sec. 1.003. FIELD PREEMPTION. The provisions of this code
preclude municipalities and counties from adopting or enforcing an
ordinance, order, rule, or policy in a field occupied by a
provision of this code unless explicitly authorized by statute. A
municipal or county ordinance, order, rule, or policy that violates
this section is void and unenforceable.
SECTION 10. Chapter 1, Occupations Code, is amended by
adding Section 1.004 to read as follows:
Sec. 1.004. FIELD PREEMPTION. The provisions of this code
preclude municipalities and counties from adopting or enforcing an
ordinance, order, rule, or policy in a field occupied by a
provision of this code unless explicitly authorized by statute. A
municipal or county ordinance, order, rule, or policy that violates
this section is void and unenforceable.
SECTION 11. Chapter 102A, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.