H.B. No. 2127

	AN ACT
	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;
	(4)  does not affect the authority of a municipality or
	county to conduct a public awareness campaign;
	(5)  does not affect the authority of a municipality or
	county to:
	(A)  enter into or negotiate terms of a collective
	bargaining agreement with its employees; or
	(B)  adopt a policy related to its employees; and
	(6)  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.  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.  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 or county 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 or county:
	(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)  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.
	(b)  A municipality or county is entitled to recover in an
	action brought under this chapter costs and reasonable attorney's
	fees if the court finds the action to be frivolous.
	Sec. 102A.004.  IMMUNITY WAIVER.  Governmental immunity of a
	municipality or county to suit and from liability is waived to the
	extent of liability created by 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; or
	(2)  if the defendant is a municipality, a county in
	which the municipality is located.
	(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.  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.  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.  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 ANIMAL BUSINESSES. (a)
	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.
	(b)  Except as provided by this subsection, a municipality
	may not adopt, enforce, or maintain an ordinance or rule that
	restricts, regulates, limits, or otherwise impedes the retail sale
	of dogs or cats. A municipality may enforce or maintain an
	ordinance or rule adopted before April 1, 2023, that restricts,
	regulates, limits, or otherwise impedes the retail sale of dogs or
	cats until the state adopts statewide regulation for the retail
	sale of dogs or cats, as applicable.
	SECTION 13.  Chapter 1, Natural Resources Code, is amended
	by adding Section 1.003 to read as follows:
	Sec. 1.003.  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.  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)  Subsection (a) may not be construed to affect municipal
	or county authority to regulate a massage establishment in
	accordance with Section 455.005.
	SECTION 15.  Chapter 1, Property Code, is amended by adding
	Section 1.004 to read as follows:
	Sec. 1.004.  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 an ordinance, order, or rule
	regulating evictions or otherwise prohibiting, restricting, or
	delaying delivery of a notice to vacate or filing a suit to recover
	possession of the premises under Chapter 24.
	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2127 was passed by the House on April
	19, 2023, by the following vote:  Yeas 92, Nays 55, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2127 on May 19, 2023, by the following vote:  Yeas 84, Nays 58,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2127 was passed by the Senate, with
	amendments, on May 16, 2023, by the following vote:  Yeas 18, Nays
	13.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor