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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of an individual's occupation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Labor Code, is amended by |
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adding Chapter 94 to read as follows: |
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CHAPTER 94. RIGHT TO ENGAGE IN OCCUPATION |
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Sec. 94.001. DEFINITION. In this chapter, "state agency" |
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means an agency, department, board, or commission of the state. |
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Sec. 94.002. INDIVIDUAL'S RIGHT TO ENGAGE IN OCCUPATION. |
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An individual may engage in an occupation not prohibited by law free |
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from any substantial burden created by a state agency rule, policy, |
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or practice unless the state agency demonstrates that: |
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(1) the state has a compelling governmental interest |
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in protecting against actual and specific harm to the public health |
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or safety; and |
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(2) the rule, policy, or practice is narrowly tailored |
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to further that compelling governmental interest. |
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Sec. 94.003. DEFENSE AND RELIEF. (a) An individual may |
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assert as a defense in any administrative or judicial proceeding to |
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enforce a state agency rule, policy, or practice that the standard |
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required by Section 94.002 has not been met. |
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(b) An individual who asserts a defense under this section |
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must show by a preponderance of the evidence that the state agency |
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rule, policy, or practice substantially burdens the individual's |
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right to engage in an occupation not prohibited by law. |
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(c) If the individual meets the preponderance of the |
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evidence burden required by Subsection (b), the state agency must |
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then demonstrate by a preponderance of the evidence that the state |
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has a compelling governmental interest in protecting against actual |
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and specific harm to the public health or safety, and that the rule, |
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policy, or practice is narrowly tailored to further that compelling |
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governmental interest. |
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Sec. 94.004. ADMINISTRATIVE OR JUDICIAL DETERMINATION. A |
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judge or other authority presiding over a proceeding in which a |
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person asserts a defense under Section 94.003, including an |
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administrative law judge, shall make findings of fact and |
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conclusions of law when making a determination in a proceeding |
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under this chapter. The judge or other authority may not make a |
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presumption based on legislative or administrative determinations |
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regarding: |
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(1) harm to the public health or safety; or |
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(2) whether the regulation is narrowly tailored to |
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further a compelling governmental interest. |
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SECTION 2. Chapter 94, Labor Code, as added by this Act, |
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applies only to an action commenced on or after the effective date |
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of this Act. An action commenced before the effective date of this |
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Act is governed by the law applicable to the action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |