Bill Text: TX HB2291 | 2011-2012 | 82nd Legislature | Comm Sub

Texas House Bill 2291 (Prior Session Legislation)

Bill Title: Relating to government regulation of an individual's occupation.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-05-05 - Committee report sent to Calendars [HB2291 Detail]

Download: Texas-2011-HB2291-Comm_Sub.html

	82R23438 JE-D

	By: Callegari	H.B. No. 2291

	Substitute the following for H.B. No. 2291:

	By: Callegari	C.S.H.B. No. 2291



	A BILL TO BE ENTITLED
	AN ACT
	relating to government regulation of an individual's occupation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle E, Title 2, Labor Code, is amended by
	adding Chapter 94 to read as follows:
	CHAPTER 94. RIGHT TO ENGAGE IN OCCUPATION
	Sec. 94.001. DEFINITION. In this chapter, "government"
	means the government of this state or any of its political
	subdivisions.
	Sec. 94.002. INDIVIDUAL'S RIGHT TO ENGAGE IN OCCUPATION.
	(a) An individual may engage in an occupation not prohibited by law
	without being subject to administrative rules or government
	practices that regulate the occupation and that are substantially
	burdensome and unnecessary to fulfill the purpose and intent of the
	statute authorizing the regulation of the occupation.
	(b) The government may substantially burden an individual's
	right to engage in an occupation only if the government
	demonstrates that the burden is necessary to fulfill the purpose
	and intent of the statute authorizing the regulation of the
	occupation.
	Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may
	assert as a defense in any administrative or judicial proceeding to
	enforce an administrative rule or government practice that the
	standard required by Section 94.002(b) has not been met.
	(b) An individual may bring an action for declaratory
	judgment or injunctive or other equitable relief for a violation of
	Section 94.002.
	(c) An individual who brings an action or asserts a defense
	under this section must show by a preponderance of the evidence that
	the administrative rule or government practice substantially
	burdens the individual's right to engage in an occupation not
	prohibited by law.
	(d) If the individual meets the preponderance of the
	evidence burden provided under Subsection (c), the government must
	then demonstrate by clear and convincing evidence that the
	administrative rule or government practice is necessary to fulfill
	the purpose and intent of the statute authorizing the regulation of
	the occupation.
	SECTION 2. Chapter 94, Labor Code, as added by this Act,
	applies only to an action commenced on or after the effective date
	of this Act. An action commenced before the effective date of this
	Act is governed by the law applicable to the action immediately
	before the effective date of this Act, and that law is continued in
	effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2011.