Bill Text: TX HB3790 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to judicial review of certain regulations that apply to state licensees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to Judiciary & Civil Jurisprudence [HB3790 Detail]
Download: Texas-2019-HB3790-Introduced.html
| 2019S0348-1 03/05/19 | ||
| By: Swanson | H.B. No. 3790 | |
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| relating to judicial review of certain regulations that apply to | ||
| state licensees. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Regulations with | ||
| Economic Impact in Need of Scrutiny (REINS) Act. | ||
| SECTION 2. Title 2, Occupations Code, is amended by adding | ||
| Chapter 60 to read as follows: | ||
| CHAPTER 60. REGULATIONS WITH ECONOMIC IMPACT IN NEED OF SCRUTINY | ||
| Sec. 60.001. PURPOSE OF CHAPTER. It is the purpose of this | ||
| chapter to provide a judicial remedy to ensure that a state licensee | ||
| has the right to engage in an occupation or business activity | ||
| authorized by and regulated under state law without burdensome or | ||
| inconsistent local regulation of the state licensee's occupation or | ||
| lawful business activities. | ||
| Sec. 60.002. DEFINITIONS. In this chapter: | ||
| (1) "Local regulation" means any ordinance, rule, or | ||
| regulation adopted by the governing body of a municipality that | ||
| establishes requirements for, imposes restrictions on, or | ||
| otherwise regulates the business activity of a state licensee | ||
| within the municipality or the municipality's extraterritorial | ||
| jurisdiction. | ||
| (2) "State licensee" means a person or entity that, | ||
| under state law, in order to practice the person's occupation or | ||
| conduct the entity's business in this state, is required to obtain a | ||
| license, permit, registration certificate, or other evidence of | ||
| authority from, and is subject to regulation by, a state licensing | ||
| authority. | ||
| (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. | ||
| Sec. 60.003. SUIT TO ENJOIN ENFORCEMENT OF LOCAL | ||
| REGULATION. (a) A suit to enjoin enforcement of a local | ||
| regulation may be brought by a state licensee that is subject to the | ||
| local regulation if the local regulation: | ||
| (1) establishes requirements for, imposes | ||
| restrictions on, or otherwise regulates the business activity of | ||
| the state licensee in a manner that is more stringent than the | ||
| requirements, restrictions, and regulations imposed on the state | ||
| licensee under state law; or | ||
| (2) would result in an adverse economic impact on the | ||
| state licensee. | ||
| (b) A suit under this chapter must be brought in a district | ||
| court: | ||
| (1) for a judicial district in which any portion of the | ||
| territory of the municipality that adopted the local regulation is | ||
| located; or | ||
| (2) in Travis County. | ||
| (c) In a suit under this chapter, the state licensee must | ||
| show by a preponderance of the evidence that the local regulation | ||
| substantially burdens the state licensee's right to engage in an | ||
| occupation authorized by and regulated under state law or would | ||
| result in an adverse economic impact on the state licensee. In a | ||
| suit under this chapter, the state licensee may submit evidence | ||
| regarding the adverse economic impact of similar local regulations | ||
| in other jurisdictions inside or outside the state. | ||
| (d) If the state licensee meets the preponderance of the | ||
| evidence burden required by Subsection (c), the municipality has | ||
| the burden of establishing by clear and convincing evidence that | ||
| the local regulation the municipality seeks to enforce: | ||
| (1) does not conflict with state law; and | ||
| (2) is necessary and narrowly tailored to protect | ||
| against actual and specific harm to the public health or safety. | ||
| (e) The district court may grant any prohibitory or | ||
| mandatory relief warranted by the facts, including a temporary | ||
| restraining order, temporary injunction, or permanent injunction. | ||
| (f) If a state licensee prevails in a suit brought under | ||
| this chapter, the court shall award the state licensee court costs | ||
| and reasonable and necessary attorney's fees to be paid by the | ||
| municipality. | ||
| SECTION 3. 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, 2019. | ||
