Texas 2025 - 89th Regular

Texas House Bill HB3838 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1290 RDR-F
2	2	By: Curry H.B. No. 3838
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to limitations on the enforcement of certain occupational
10	10	regulations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 1, Occupations Code, is amended by adding
13	13	Chapter 2 to read as follows:
14	14	CHAPTER 2. LIMITATION ON ENFORCEMENT OF CERTAIN OCCUPATIONAL
15	15	REGULATIONS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 2.001. DEFINITIONS. In this chapter:
18	18	(1) "License" means a nontransferable and exclusive
19	19	authorization issued by a licensing authority authorizing an
20	20	individual, based on the established personal qualifications, to
21	21	engage in a particular occupation.
22	22	(2) "Licensing authority" means a department,
23	23	commission, board, office, or other agency of this state or a
24	24	political subdivision of this state that issues a license,
25	25	specialty occupational license for medical reimbursement,
26	26	registration, certificate, permit, or other authorization related
27	27	to an occupation.
28	28	(3) "Occupational regulation" means any regulation,
29	29	rule, policy, fee, condition, test, permit, administrative
30	30	practice, or other provision in which a licensing authority
31	31	establishes the personal qualifications necessary to engage in any
32	32	occupation or profession. The term does not include a license.
33	33	(4) "Personal qualifications" means criteria related
34	34	to an individual's personal background and characteristics related
35	35	to eligibility for a license including:
36	36	(A) educational attainment;
37	37	(B) passage of an examination;
38	38	(C) work experience;
39	39	(D) character; and
40	40	(E) criminal history.
41	41	(5) "Specialty occupational license for medical
42	42	reimbursement" means a nontransferable authorization to perform a
43	43	medical service that is:
44	44	(A) required for an individual to be eligible to
45	45	receive payment or reimbursement from a governmental agency or
46	46	other entity for providing medical services; and
47	47	(B) issued by a licensing authority to an
48	48	individual who meets the established personal qualifications.
49	49	(6) "Welfare" means an action to protect the public
50	50	against fraud or harm. The term does not include an action to
51	51	protect an existing public or private entity against competition.
52	52	Sec. 2.002. POLICY. It is the policy of this state that all
53	53	occupational regulations must be limited to those demonstrably
54	54	necessary and carefully tailored to fulfill legitimate public
55	55	health, safety, and welfare objectives.
56	56	Sec. 2.003. REVIEW REQUIRED. (a) Not later than September
57	57	1, 2026, each licensing authority shall conduct a comprehensive
58	58	review of each occupational regulation applicable to a license
59	59	issued by the authority and for each occupational regulation:
60	60	(1) specify the public health, safety, or welfare
61	61	objective served by the regulation and the reason the regulation is
62	62	necessary to serve each objective;
63	63	(2) analyze, based on any available information, the
64	64	effects of the regulation on:
65	65	(A) opportunities for workers;
66	66	(B) consumer choices and costs;
67	67	(C) general unemployment;
68	68	(D) market competition;
69	69	(E) governmental costs; and
70	70	(F) other related measures; and
71	71	(3) compare the regulation with how the applicable
72	72	business or profession is regulated in other states.
73	73	(b) A licensing authority shall for any occupational
74	74	regulation determined during a review under Subsection (a) to
75	75	violate the policy provided by Section 2.002:
76	76	(1) repeal the regulation or modify the regulation to
77	77	conform to the policy provided by Section 2.002, if the authority is
78	78	authorized by law to do so; or
79	79	(2) recommend that the legislature repeal the
80	80	regulation or take any other action necessary to modify the
81	81	regulation to conform to the policy provided by Section 2.002.
82	82	(c) Not later than December 1, 2026, each licensing
83	83	authority shall submit to the legislature a report summarizing any
84	84	actions taken by the authority under Subsection (b)(1) and any
85	85	recommendations made under Subsection (b)(2).
86	86	(d) This section expires September 1, 2027.
87	87	SUBCHAPTER B. ENFORCEMENT
88	88	Sec. 2.051. PETITION FOR REPEAL OR MODIFICATION. (a) A
89	89	person may petition a licensing authority to repeal or modify an
90	90	occupational regulation applicable to a license issued by the
91	91	authority if the regulation violates the policy provided by Section
92	92	2.002.
93	93	(b) Not later than the 90th day after the date a licensing
94	94	authority receives a petition under Subsection (a), the authority
95	95	shall:
96	96	(1) repeal the regulation;
97	97	(2) modify the regulation to conform to the policy
98	98	provided by Section 2.002;
99	99	(3) state the reasons the authority has determined
100	100	that the regulation does not violate the policy provided by Section
101	101	2.002; or
102	102	(4) notify the petitioner that the authority is not
103	103	authorized under law to repeal or modify the regulation.
104	104	Sec. 2.052. INJUNCTIVE RELIEF. (a) A person may bring an
105	105	action for an injunction against the enforcement of an occupational
106	106	regulation in a district court in Travis County or any county in
107	107	which the regulation is enforced.
108	108	(b) A person is entitled to relief from an occupational
109	109	regulation if the court finds by a preponderance of evidence that
110	110	the occupational regulation on its face or in its effect burdens the
111	111	entry into a profession or occupation and:
112	112	(1) the licensing authority is unable to prove by a
113	113	preponderance of evidence that the regulation is not demonstrably
114	114	necessary and carefully tailored to fulfill legitimate public
115	115	health, safety, or welfare objectives; or
116	116	(2) if the regulation is necessary to the legitimate
117	117	public health, safety, or welfare objectives as demonstrated under
118	118	Subdivision (1), the objective can be effectively served by using a
119	119	less restrictive regulation that is less burdensome to economic
120	120	opportunity.
121	121	(c) In determining whether an occupational regulation is
122	122	less restrictive for purposes of Subsection (b)(2), the following
123	123	list represents regulations from least restrictive to most
124	124	restrictive:
125	125	(1) market competition;
126	126	(2) ratings or reviews from consumers or third
127	127	parties;
128	128	(3) private certification;
129	129	(4) voluntary bonding or insurance;
130	130	(5) existence of a specific private cause of action to
131	131	remedy a consumer harm;
132	132	(6) a law prohibiting deceptive trade practices;
133	133	(7) a requirement for mandatory disclosure to a
134	134	consumer of attributes of a specific good or service;
135	135	(8) a restriction on the process of providing a
136	136	specific good or service to a consumer;
137	137	(9) inspection requirements;
138	138	(10) a requirement that an individual obtain a bond or
139	139	insurance;
140	140	(11) a statute, rule, or policy requiring registration
141	141	with a licensing authority;
142	142	(12) a statute, rule, or policy requiring
143	143	certification by a licensing authority;
144	144	(13) a specialty occupational license for medical
145	145	reimbursement; and
146	146	(14) a statute, rule, or policy requiring licensing by
147	147	a licensing authority.
148	148	(d) The court shall award to a plaintiff who prevails under
149	149	this section reasonable attorney's fees and costs.
150	150	SECTION 2. This Act takes effect September 1, 2025.