Bill Text: TX HB2127 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to state preemption of and the effect of certain state or federal law on certain municipal and county regulation.
Spectrum: Partisan Bill (Republican 75-2)
Status: (Passed) 2023-06-14 - Effective on 9/1/23 [HB2127 Detail]
Download: Texas-2023-HB2127-Comm_Sub.html
Bill Title: Relating to state preemption of and the effect of certain state or federal law on certain municipal and county regulation.
Spectrum: Partisan Bill (Republican 75-2)
Status: (Passed) 2023-06-14 - Effective on 9/1/23 [HB2127 Detail]
Download: Texas-2023-HB2127-Comm_Sub.html
88R20373 SCL-F | |||
By: Burrows, Meyer, Goldman, | H.B. No. 2127 | ||
King of Hemphill, Raymond, et al. | |||
Substitute the following for H.B. No. 2127: | |||
By: Spiller | C.S.H.B. No. 2127 |
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relating to state preemption of and the effect of certain state or | ||
federal law on 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 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 that apply inconsistently across this state. | ||
SECTION 3. The purpose of this Act is to provide statewide | ||
consistency by returning sovereign regulatory powers to the state | ||
where those powers belong in accordance with Section 5, Article XI, | ||
Texas Constitution. | ||
SECTION 4. This Act: | ||
(1) may not be construed to prohibit a municipality or | ||
county from building or maintaining a road, imposing a tax, or | ||
carrying out any authority expressly authorized by statute; | ||
(2) may not be construed to prohibit a home-rule | ||
municipality from providing the same services and imposing the same | ||
regulations that a general-law municipality is authorized to | ||
provide or impose; | ||
(3) does not, except as expressly provided by this | ||
Act, affect the authority of a municipality to adopt, enforce, or | ||
maintain an ordinance or rule that relates to the control, care, | ||
management, welfare, or health and safety of animals; and | ||
(4) does not affect the authority of a municipality or | ||
county to repeal or amend an existing ordinance, order, or rule that | ||
violates the provisions of this Act for the limited purpose of | ||
bringing that ordinance, order, or rule in compliance with this | ||
Act. | ||
SECTION 5. Chapter 1, Agriculture Code, is amended by | ||
adding Section 1.004 to read as follows: | ||
Sec. 1.004. FIELD PREEMPTION. Unless expressly authorized | ||
by another statute, a municipality or county may not adopt, | ||
enforce, or maintain an ordinance, order, or rule regulating | ||
conduct in a field of regulation that is occupied by a provision of | ||
this code. An ordinance, order, or rule that violates this section | ||
is void, unenforceable, and inconsistent with this code. | ||
SECTION 6. Subchapter A, Chapter 1, Business & Commerce | ||
Code, is amended by adding Section 1.109 to read as follows: | ||
Sec. 1.109. FIELD PREEMPTION. Unless expressly authorized | ||
by another statute, a municipality or county may not adopt, | ||
enforce, or maintain an ordinance, order, or rule regulating | ||
conduct in a field of regulation that is occupied by a provision of | ||
this code. An ordinance, order, or rule that violates this section | ||
is void, unenforceable, and inconsistent with this code. | ||
SECTION 7. Title 5, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 102A to read as follows: | ||
CHAPTER 102A. MUNICIPAL AND COUNTY LIABILITY FOR CERTAIN | ||
REGULATION | ||
Sec. 102A.001. DEFINITION. In this chapter, "person" means | ||
an individual, corporation, business trust, estate, trust, | ||
partnership, limited liability company, association, joint | ||
venture, agency or instrumentality, public corporation, any legal | ||
or commercial entity, or protected or registered series of a | ||
for-profit entity. | ||
Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any | ||
person who has sustained an injury in fact, actual or threatened, | ||
from a municipal or county ordinance, order, or rule adopted or | ||
enforced by a municipality, county, or municipal or county official | ||
acting in an official capacity in violation of any of the following | ||
provisions or a trade association representing the person has | ||
standing to bring and may bring an action against the municipality, | ||
county, or official: | ||
(1) Section 1.004, Agriculture Code; | ||
(2) Section 1.109, Business & Commerce Code; | ||
(3) Section 1.004, Finance Code; | ||
(4) Section 30.005, Insurance Code; | ||
(5) Section 1.005, Labor Code; | ||
(6) Section 229.901, Local Government Code; | ||
(7) Section 1.003, Natural Resources Code; | ||
(8) Section 1.004, Occupations Code; or | ||
(9) Section 1.004, Property Code. | ||
Sec. 102A.003. 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.004. IMMUNITY WAIVER AND PROHIBITED DEFENSES. | ||
(a) Governmental immunity of a municipality or county to suit and | ||
from liability is 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.005. NOTICE. A municipality or county is | ||
entitled to receive notice of a claim against it under this chapter | ||
not later than three months before the date a claimant files an | ||
action under this chapter. The notice must reasonably describe: | ||
(1) the injury claimed; and | ||
(2) the ordinance, order, or rule that is the cause of | ||
the injury. | ||
Sec. 102A.006. VENUE. (a) Notwithstanding any other law, | ||
including Chapter 15, a claimant may bring an action under this | ||
chapter in: | ||
(1) the county in which all or a substantial part of | ||
the events giving rise to the cause of action occurred; | ||
(2) if the defendant is a municipality or municipal | ||
official, a county in which the municipality is located or a county | ||
contiguous to a county in which the municipality is located; or | ||
(3) if the defendant is a county or county official, a | ||
county contiguous to the county. | ||
(b) 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 8. Chapter 1, Finance Code, is amended by adding | ||
Section 1.004 to read as follows: | ||
Sec. 1.004. FIELD PREEMPTION. (a) Unless expressly | ||
authorized by another statute and except as provided by Subsection | ||
(b), a municipality or county may not adopt, enforce, or maintain an | ||
ordinance, order, or rule regulating conduct in a field of | ||
regulation that is occupied by a provision of this code. An | ||
ordinance, order, or rule that violates this section is void, | ||
unenforceable, and inconsistent with this code. | ||
(b) A municipality or county may enforce or maintain an | ||
ordinance, order, or rule regulating any conduct under Chapter 393 | ||
and any conduct related to a credit services organization, as | ||
defined by Section 393.001 or by any other provision of this code, | ||
or a credit access business, as defined by Section 393.601 or by any | ||
other provision of this code, if: | ||
(1) the municipality or county adopted the ordinance, | ||
order, or rule before January 1, 2023; and | ||
(2) the ordinance, order, or rule would have been | ||
valid under the law as it existed before the date this section was | ||
enacted. | ||
SECTION 9. Chapter 30, Insurance Code, is amended by adding | ||
Section 30.005 to read as follows: | ||
Sec. 30.005. FIELD PREEMPTION. Unless expressly authorized | ||
by another statute, a municipality or county may not adopt, | ||
enforce, or maintain an ordinance, order, or rule regulating | ||
conduct in a field of regulation that is occupied by a provision of | ||
this code. An ordinance, order, or rule that violates this section | ||
is void, unenforceable, and inconsistent with this code. | ||
SECTION 10. Chapter 1, Labor Code, is amended by adding | ||
Section 1.005 to read as follows: | ||
Sec. 1.005. FIELD PREEMPTION. (a) Unless expressly | ||
authorized by another statute, a municipality or county may not | ||
adopt, enforce, or maintain an ordinance, order, or rule regulating | ||
conduct in a field of regulation that is occupied by a provision of | ||
this code. An ordinance, order, or rule that violates this section | ||
is void, unenforceable, and inconsistent with this code. | ||
(b) For purposes of Subsection (a), a field occupied by a | ||
provision of this code includes employment leave, hiring practices, | ||
breaks, employment benefits, scheduling practices, and any other | ||
terms of employment that exceed or conflict with federal or state | ||
law for employers other than a municipality or county. | ||
SECTION 11. Subchapter A, Chapter 51, Local Government | ||
Code, is amended by adding Section 51.002 to read as follows: | ||
Sec. 51.002. ORDINANCE OR RULES INCONSISTENT WITH STATE LAW | ||
PROHIBITED. Notwithstanding Section 51.001, the governing body of | ||
a municipality may adopt, enforce, or maintain an ordinance or rule | ||
only if the ordinance or rule is consistent with the laws of this | ||
state. | ||
SECTION 12. Chapter 229, Local Government Code, is amended | ||
by adding Subchapter Z to read as follows: | ||
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS | ||
Sec. 229.901. AUTHORITY TO REGULATE LICENSED ANIMAL | ||
BUSINESSES. A municipality may not adopt, enforce, or maintain an | ||
ordinance or rule that restricts, regulates, limits, or otherwise | ||
impedes a business involving the breeding, care, treatment, or sale | ||
of animals or animal products, including a veterinary practice, or | ||
the business's transactions if the person operating that business | ||
holds a license for the business that is issued by the federal | ||
government or a state. | ||
SECTION 13. Chapter 1, Natural Resources Code, is amended | ||
by adding Section 1.003 to read as follows: | ||
Sec. 1.003. FIELD PREEMPTION. Unless expressly authorized | ||
by another statute, a municipality or county may not adopt, | ||
enforce, or maintain an ordinance, order, or rule regulating | ||
conduct in a field of regulation that is occupied by a provision of | ||
this code. An ordinance, order, or rule that violates this section | ||
is void, unenforceable, and inconsistent with this code. | ||
SECTION 14. Chapter 1, Occupations Code, is amended by | ||
adding Section 1.004 to read as follows: | ||
Sec. 1.004. FIELD PREEMPTION. Unless expressly authorized | ||
by another statute, a municipality or county may not adopt, | ||
enforce, or maintain an ordinance, order, or rule regulating | ||
conduct in a field of regulation that is occupied by a provision of | ||
this code. An ordinance, order, or rule that violates this section | ||
is void, unenforceable, and inconsistent with this code. | ||
SECTION 15. Chapter 1, Property Code, is amended by adding | ||
Section 1.004 to read as follows: | ||
Sec. 1.004. FIELD PREEMPTION. Unless expressly authorized | ||
by another statute, a municipality or county may not adopt, | ||
enforce, or maintain an ordinance, order, or rule regulating | ||
conduct in a field of regulation that is occupied by a provision of | ||
this code. An ordinance, order, or rule that violates this section | ||
is void, unenforceable, and inconsistent with this code. | ||
SECTION 16. 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 17. 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. |