Bill Text: TX HB2953 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the authority of a municipality to regulate a business or occupational license holder.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-30 - Committee report sent to Calendars [HB2953 Detail]
Download: Texas-2013-HB2953-Comm_Sub.html
83R22843 NC-F | |||
By: Guillen | H.B. No. 2953 | ||
Substitute the following for H.B. No. 2953: | |||
By: Smith | C.S.H.B. No. 2953 |
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relating to the authority of a municipality to regulate a business | ||
or occupational license holder. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 215, Local Government | ||
Code, is amended by adding Section 215.005 to read as follows: | ||
Sec. 215.005. STATE LICENSE HOLDERS. (a) In this section: | ||
(1) "State license holder" means a person who: | ||
(A) is required by state law to obtain a license, | ||
permit, registration, certificate, or other evidence of authority | ||
from a state licensing authority to practice an occupation, conduct | ||
a business, or exercise certain other rights; and | ||
(B) is subject to regulation by the licensing | ||
authority. | ||
(2) "State licensing authority" means a state agency, | ||
department, board, or commission. | ||
(b) Notwithstanding any other law, the governing body of a | ||
municipality may not adopt or enforce an ordinance, rule, or | ||
regulation that establishes requirements for, imposes restrictions | ||
on, or otherwise regulates the activity of a state license holder | ||
within the municipality or the municipality's extraterritorial | ||
jurisdiction, except as provided by Subsection (c). | ||
(c) A municipality may adopt or enforce: | ||
(1) a zoning ordinance under Chapter 211; | ||
(2) a commercial building regulation under Chapter | ||
214; | ||
(3) a sexually oriented business regulation; | ||
(4) a fire code; | ||
(5) an electrical code; | ||
(6) a plumbing code; or | ||
(7) an ordinance or regulation concerning wages, | ||
benefits, workplace safety, or working conditions. | ||
(d) A municipal ordinance, rule, or regulation that | ||
violates this section is void and unenforceable. | ||
SECTION 2. 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, 2013. |