Bill Text: TX HB3909 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of a political subdivision to regulate certain activities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-04-21 - Left pending in committee [HB3909 Detail]
Download: Texas-2021-HB3909-Introduced.html
| 87R11354 JCG-D | ||
| By: Harris | H.B. No. 3909 | |
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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 an individual 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 an individual 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 requires | ||
| the individual to: | ||
| (1) possess an occupational license issued by the | ||
| political subdivision to engage in that occupation; or | ||
| (2) meet any other requirement or precondition to | ||
| engage in that occupation. | ||
| (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) an ordinance, order, rule, regulation, law, or | ||
| policy that regulates a credit access business, as defined by | ||
| Section 393.601, Finance Code; | ||
| (4) 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 | ||
| (5) 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, 2021. | ||
