Bill Text: TX HB2350 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of a political subdivision to regulate certain activities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Business & Commerce [HB2350 Detail]
Download: Texas-2023-HB2350-Comm_Sub.html
Bill Title: Relating to the authority of a political subdivision to regulate certain activities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Business & Commerce [HB2350 Detail]
Download: Texas-2023-HB2350-Comm_Sub.html
88R8534 JCG-D | ||
By: Harris of Anderson | H.B. No. 2350 |
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relating to the authority of a political subdivision to regulate | ||
certain activities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 2, Occupations Code, is amended by adding | ||
Chapter 60 to read as follows: | ||
CHAPTER 60. PREEMPTION | ||
Sec. 60.001. PREEMPTION OF LOCAL LICENSING REQUIREMENTS. | ||
(a) In this section: | ||
(1) "Occupational license" means a license, permit, | ||
registration, certificate, or other authorization that is: | ||
(A) issued by a licensing authority; and | ||
(B) required by an ordinance, rule, regulation, | ||
policy, or law for a person to engage in an occupation. | ||
(2) "Political subdivision" means a county, | ||
municipality, special district, or other political subdivision of | ||
this state. | ||
(3) "State licensing authority" means a state agency, | ||
department, board, or commission or the executive or administrative | ||
officer of a state agency, department, board, or commission that | ||
issues an occupational license. | ||
(b) Notwithstanding any other law, other than Subsection | ||
(d), if a person is required to possess an occupational license | ||
issued by a state licensing authority to engage in an occupation, a | ||
political subdivision may not adopt or enforce any ordinance, | ||
order, rule, regulation, law, or policy that: | ||
(1) requires the person to possess an occupational | ||
license issued by the political subdivision to engage in that | ||
occupation; or | ||
(2) is more stringent than or is inconsistent with a | ||
law of this state or a rule adopted by the applicable state | ||
licensing authority and that regulates in any manner a contract | ||
entered into between the person and a member of the public for the | ||
purchase of goods or services from the person. | ||
(c) An ordinance, order, rule, regulation, law, or policy | ||
that violates Subsection (b) is void and unenforceable. | ||
(d) This section does not limit the authority of a political | ||
subdivision to adopt and enforce: | ||
(1) a zoning regulation, including a zoning regulation | ||
or zoning district boundary adopted under Chapter 211 or 231, Local | ||
Government Code; | ||
(2) a restriction on the location where an occupation | ||
may be engaged in, including a restriction on the location of a | ||
sexually oriented business or a business licensed or permitted | ||
under the Alcoholic Beverage Code to sell an alcoholic beverage; | ||
(3) a requirement on a towing company or a vehicle | ||
storage facility, as those terms are defined by Section 2308.002, | ||
to register with the political subdivision in which the company or | ||
facility operates, without payment of any fee or complying with any | ||
other condition, solely for the purpose of facilitating an incident | ||
management tow, as defined by that section, and storing the towed | ||
vehicle; or | ||
(4) an ordinance, order, rule, regulation, law, or | ||
policy that protects the health or safety of persons in the | ||
political subdivision, as authorized by other law, including | ||
Chapters 121, 122, 146, 341, 343, and 437, Health and Safety Code, | ||
and Chapter 214, Local Government Code. | ||
SECTION 2. This Act takes effect September 1, 2023. |