Texas 2025 - 89th Regular

Texas House Bill HB2690 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Harrison H.B. No. 2690
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to governmental restrictions on the right to earn a
7	9		living.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle H, Title 10, Government Code, is
10	12		amended by adding Chapter 2402 to read as follows:
11	13		CHAPTER 2402. PROTECTION OF RIGHT TO EARN LIVING
12	14		Sec. 2402.001. DEFINITIONS. In this chapter:
13	15		(1) "Governmental agency" means:
14	16		(A) this state or a political subdivision of this
15	17		state; and
16	18		(B) an agency of this state or of a political
17	19		subdivision of this state, including a department, bureau, board,
18	20		commission, office, council, or public institution of higher
19	21		education.
20	22		(2) "Public official" means an elected or appointed
21	23		officer, employee, or agent of this state or of a political
22	24		subdivision, board, commission, bureau, or other public body
23	25		established by law.
24	26		(3) "Welfare" means protection of the public against
25	27		fraud or physical or psychological harm. The term does not include
26	28		the protection of a business from competition.
27	29		Sec. 2402.002. APPLICABILITY OF CHAPTER. (a) This chapter
28	30		applies to any law adopted by a governmental agency and the
29	31		implementation of that law, regardless of the date the law was
30	32		adopted.
31	33		(b) This chapter applies to each law of this state unless
32	34		the law is expressly made exempt from the application of this
33	35		chapter by reference to this chapter.
34	36		Sec. 2402.003. RIGHT TO EARN LIVING PROTECTED. A
35	37		governmental agency or public official may not adopt or enforce a
36	38		law or other measure that imposes a burden on an individual's right
37	39		to earn a living unless the agency or official demonstrates that:
38	40		(1) the law or measure is necessary to protect public
39	41		health, safety, or welfare;
40	42		(2) the law or measure is the least restrictive means
41	43		of furthering that interest; and
42	44		(3) alternative means, including voluntary
43	45		certification or less restrictive regulatory measures, are not able
44	46		to achieve that interest without unnecessarily restricting entry
45	47		into the regulated business, profession, occupation, or trade.
46	48		Sec. 2402.004. CLAIM FOR RELIEF. (a) If a governmental
47	49		agency or public official has violated or there are reasonable
48	50		grounds to believe the agency or official is about to violate
49	51		Section 2402.003, the person aggrieved by the violation or
50	52		threatened violation may bring an action against the agency or
51	53		official in accordance with this section.
52	54		(b) A person has standing to bring an action under this
53	55		section regardless of whether the person applied for, obtained, or
54	56		was denied the occupational license or certification that is the
55	57		subject of the violation that is the basis for the action if the
56	58		person:
57	59		(1) intends to engage in the business, profession,
58	60		occupation, or trade that is the subject of the violation that is
59	61		the basis for the action; and
60	62		(2) is hindered from engaging in the business,
61	63		profession, occupation, or trade by the violation that is the basis
62	64		for the action.
63	65		(c) A person whose right to earn a living has been burdened
64	66		in violation of this Section, other than a governmental agency or
65	67		public official, in an action brought under this section is
66	68		entitled to recover:
67	69		(1) appropriate equitable relief;
68	70		(2) nominal damages of $1; and
69	71		(3) reasonable attorney's fees, court costs, and other
70	72		reasonable expenses incurred in bringing the action.
71	73		Sec. 2402.005. DEFENSE. A person whose free exercise of the
72	74		right to earn a living has been burdened in violation of Section
73	75		2402.003 may assert that violation as a defense in a judicial or
74	76		administrative proceeding enforcing the law or measure that is the
75	77		basis of the violation regardless of whether the proceeding is
76	78		brought in the name of the state or by any other person.
77	79		Sec. 2402.006. IMMUNITY WAIVED. A governmental agency's
78	80		sovereign and governmental immunity to suit and from liability is
79	81		waived to the extent of liability created by Section 2402.004.
80	82		Official immunity of a public official is waived to the extent of
81	83		liability created by Section 2402.004.
82	84		Sec. 2402.007. ACTION AND DEFENSE CUMULATIVE. An action or
83	85		defense provided by this chapter is cumulative with any other
84	86		action or defense provided by law.
85	87		Sec. 2402.008. CONSTRUCTION OF CHAPTER. This chapter may
86	88		not be construed to authorize a governmental agency or public
87	89		official to burden a person's free exercise of the right to earn a
88	90		living.
89	91		SECTION 2. (a) Section 2402.004, Government Code, as added
90	92		by this Act, applies only to a cause of action that accrues on or
91	93		after the effective date of this Act.
92	94		(b) Section 2402.005, Government Code, as added by this Act,
93	95		applies only to a proceeding that commences on or after the
94	96		effective date of this Act.
95	97		SECTION 3. This Act takes effect immediately if it receives
96	98		a vote of two-thirds of all the members elected to each house, as
97	99		provided by Section 39, Article III, Texas Constitution. If this
98	100		Act does not receive the vote necessary for immediate effect, this
99	101		Act takes effect September 1, 2025.