Bill Text: TX HB3790 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of a municipality to regulate statewide commerce.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to State Affairs [HB3790 Detail]
Download: Texas-2021-HB3790-Introduced.html
| By: Shaheen | H.B. No. 3790 | |
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| relating to the authority of a municipality to regulate statewide | ||
| commerce. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 51, Local Government Code, | ||
| is amended by adding Section 51.004 to read as follows: | ||
| Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS | ||
| AUTHORIZED; REGULATION OF STATEWIDE COMMERCE PROHIBITED. (a) In | ||
| this section: | ||
| (1) "Citizens' physical safety" means the protection | ||
| of citizens from physical bodily injury inflicted by physical | ||
| contact with another person, an animal, or a physical condition on | ||
| real property. | ||
| (2) "Commercial activity" means the purchase or sale | ||
| of goods or services of any kind or quantity by a person who engages | ||
| in that activity in more than one municipality in this state. | ||
| (3) "Regulation of local land use" means taking action | ||
| consistent with Chapters 211 through 214, including adopting and | ||
| enforcing building construction standards, building permitting, | ||
| and barring or limiting the use of designated property for one or | ||
| more designated types or categories of commercial activity. The | ||
| term does not include any restriction, condition, or regulation of | ||
| the goods, services, transactions, operations, purchaser-seller | ||
| interactions, employment practices, finances, advertising, | ||
| marketing, or any other conduct or practices by a person engaging in | ||
| a commercial activity. | ||
| (4) "Uniquely local concern" means a particularized | ||
| concern unique to the physical conditions in the municipality. The | ||
| term does not include a commercial activity that is subject to state | ||
| or federal regulation. | ||
| (b) Notwithstanding any other law and except as provided by | ||
| Subsection (c), a municipality may not adopt or enforce an | ||
| ordinance, rule, or regulation that imposes a restriction, | ||
| condition, or regulation on commercial activity. The prohibited | ||
| action under this subsection impairs the free flow of commerce | ||
| across the state and is inconsistent with the general law of this | ||
| state. | ||
| (c) A municipality may adopt and enforce an ordinance, rule, | ||
| or regulation that: | ||
| (1) is essential to directly regulating a uniquely | ||
| local concern that the governing body of the municipality | ||
| determines cannot be of similar concern in another municipality | ||
| because of the uniqueness of the local concern; | ||
| (2) is essential to necessary regulation of local land | ||
| use; | ||
| (3) is essential to protecting citizens' physical | ||
| safety; | ||
| (4) is expressly authorized to be adopted by a state | ||
| statute; or | ||
| (5) requires nondiscrimination in the provision of | ||
| employment or service to any person on the basis of any state or | ||
| federally protected class, sexual orientation, or gender identity. | ||
| (d) A municipality acting under Subsection (c)(1) must | ||
| contemporaneously adopt a detailed written statement describing | ||
| the uniquely local concern and the basis for the municipality's | ||
| determination that the concern cannot be of similar concern in | ||
| another municipality. | ||
| (e) For purposes of Subsection (c)(4), a state statute that | ||
| provides the statute does not preempt or affect municipal | ||
| regulatory authority may not be construed to expressly authorize an | ||
| ordinance, rule, or regulation. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
