Bill Text: TX HB3170 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the regulation of occupations by this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Licensing & Administrative Procedures [HB3170 Detail]
Download: Texas-2015-HB3170-Introduced.html
84R11866 SRS-F | ||
By: Schaefer | H.B. No. 3170 |
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relating to the regulation of occupations by this state. | ||
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. ENFORCEMENT OF OCCUPATIONAL REGULATIONS | ||
Sec. 60.001. DEFINITIONS. In this chapter: | ||
(1) "License" means a license, certificate, | ||
registration, permit, or other form of authorization required by | ||
law or a state agency rule that must be obtained by an individual to | ||
engage in a particular occupation. | ||
(2) "State agency" means a department, board, bureau, | ||
commission, committee, division, office, council, or agency of the | ||
state. | ||
Sec. 60.002. POLICY REGARDING REGULATION OF OCCUPATIONS; | ||
CONSTRUCTION. (a) It is the policy of this state that: | ||
(1) an individual in this state has the right to engage | ||
in any lawful occupation without excessive governmental | ||
regulation; and | ||
(2) a lawful occupation may be regulated by the state | ||
only if the regulation is: | ||
(A) necessary to further an important interest of | ||
the state in protecting against a recognizable harm to the health or | ||
safety of the public; and | ||
(B) the least restrictive means necessary to | ||
further the interest described by Paragraph (A). | ||
(b) In any action under this chapter, a court or | ||
administrative law judge shall liberally construe this chapter in | ||
order to give effect to the policy under Subsection (a). | ||
Sec. 60.003. APPLICATION OF CHAPTER. This chapter applies | ||
to any regulation of a lawful occupation unless the statute | ||
providing for the regulation expressly states that the regulation | ||
is not subject to this chapter. | ||
Sec. 60.004. DEFENSE AVAILABLE. In any enforcement action | ||
by a state agency against an individual for failure to comply with | ||
an occupational regulation, including a requirement to obtain a | ||
license to engage in a lawful occupation, the individual may | ||
present evidence that the regulation substantially burdens the | ||
individual's right to engage in a lawful occupation. The state | ||
agency has the burden of establishing by clear and convincing | ||
evidence that the occupational regulation that the agency seeks to | ||
enforce is: | ||
(1) necessary to further an important interest of the | ||
state in protecting against a recognizable harm to the health or | ||
safety of the public; and | ||
(2) the least restrictive means necessary to further | ||
the interest described by Subdivision (1). | ||
Sec. 60.005. DECLARATORY JUDGMENT. (a) An individual may | ||
file suit against the state for declaratory judgment that a | ||
regulatory requirement imposed on an occupation violates Section | ||
60.002(a). | ||
(b) An action under this section may be brought only in a | ||
district court in Travis County. | ||
SECTION 2. This Act takes effect September 1, 2015. |