Bill Text: TX HB87 | 2013-2014 | 83rd Legislature | Comm Sub
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-Comm_Sub.html
83R17433 DDT-F | |||
By: Callegari, Laubenberg, et al. | H.B. No. 87 | ||
Substitute the following for H.B. No. 87: | |||
By: Harper-Brown | C.S.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. | ||
An individual may engage in an occupation not prohibited by law free | ||
from any substantial burden created by a state agency rule, policy, | ||
or practice unless the state agency demonstrates that: | ||
(1) the state has a compelling governmental interest | ||
in protecting against actual and specific harm to the public health | ||
or safety; and | ||
(2) the rule, policy, or practice is narrowly tailored | ||
to further that compelling governmental interest. | ||
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 has not been met. | ||
(b) An individual who 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. | ||
(c) If the individual meets the preponderance of the | ||
evidence burden required by Subsection (b), the state agency must | ||
then demonstrate by a preponderance of the evidence that the state | ||
has a compelling governmental interest in protecting against actual | ||
and specific harm to the public health or safety, and that the rule, | ||
policy, or practice is narrowly tailored to further that compelling | ||
governmental interest. | ||
Sec. 94.004. ADMINISTRATIVE OR JUDICIAL DETERMINATION. A | ||
judge or other authority presiding over a proceeding in which a | ||
person asserts a defense under Section 94.003, including an | ||
administrative law judge, shall make findings of fact and | ||
conclusions of law when making a determination in a proceeding | ||
under this chapter. The judge or other authority may not make a | ||
presumption based on legislative or administrative determinations | ||
regarding: | ||
(1) harm to the public health or safety; or | ||
(2) whether the regulation is narrowly tailored to | ||
further a compelling governmental interest. | ||
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. |