Bill Text: TX HB87 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to regulation of an individual's occupation.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2013-04-30 - Committee report sent to Calendars [HB87 Detail]
Download: Texas-2013-HB87-Introduced.html
Bill Title: Relating to regulation of an individual's occupation.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2013-04-30 - Committee report sent to Calendars [HB87 Detail]
Download: Texas-2013-HB87-Introduced.html
83R215 ALL-F | ||
By: Callegari | H.B. No. 87 |
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relating to regulation of an individual's occupation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle E, Title 2, Labor Code, is amended by | ||
adding Chapter 94 to read as follows: | ||
CHAPTER 94. RIGHT TO ENGAGE IN OCCUPATION | ||
Sec. 94.001. DEFINITION. In this chapter, "state agency" | ||
means an agency, department, board, or commission of the state. | ||
Sec. 94.002. INDIVIDUAL'S RIGHT TO ENGAGE IN OCCUPATION. | ||
(a) An individual may engage in an occupation not prohibited by law | ||
without being subject to a state agency rule, policy, or practice | ||
that regulates the occupation if the rule, policy, or practice is: | ||
(1) substantially burdensome; and | ||
(2) unnecessary to fulfill the purpose and intent of | ||
the statute authorizing the regulation of the occupation. | ||
(b) A state agency rule, policy, or practice may | ||
substantially burden an individual's right to engage in an | ||
occupation only if the agency demonstrates that the rule, policy, | ||
or practice is necessary to fulfill the purpose and intent of the | ||
statute authorizing the regulation of the occupation. | ||
Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may | ||
assert as a defense in any administrative or judicial proceeding to | ||
enforce a state agency rule, policy, or practice that the standard | ||
required by Section 94.002(b) has not been met. | ||
(b) An individual may bring an action for declaratory | ||
judgment or injunctive or other equitable relief for a violation of | ||
Section 94.002. | ||
(c) An individual who brings an action or asserts a defense | ||
under this section must show by a preponderance of the evidence that | ||
the state agency rule, policy, or practice substantially burdens | ||
the individual's right to engage in an occupation not prohibited by | ||
law. | ||
(d) If the individual meets the preponderance of the | ||
evidence burden provided under Subsection (c), the state agency | ||
must then demonstrate by clear and convincing evidence that the | ||
agency rule, policy, or practice is necessary to fulfill the | ||
purpose and intent of the statute authorizing the regulation of the | ||
occupation. | ||
SECTION 2. Chapter 94, Labor Code, as added by this Act, | ||
applies only to an action commenced on or after the effective date | ||
of this Act. An action commenced before the effective date of this | ||
Act is governed by the law applicable to the action immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2013. |