Bill Text: TX SB1673 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the preemption of a local law by state law.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-23 - Referred to State Affairs [SB1673 Detail]
Download: Texas-2015-SB1673-Introduced.html
| By: Huffines | S.B. No. 1673 | |
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| relating to the preemption of a local law by state law. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 1, Local Government Code, is amended by | ||
| adding Section 1.006 to read as follows: | ||
| Sec. 1.006. STATE LAW PREEMPTION. (a) In this section: | ||
| (1) "local government" means a county, municipality, | ||
| or other political subdivision of this state; and | ||
| (2) "license" has the meaning assigned by Section | ||
| 2001.003, Government Code. | ||
| (b) The Legislature finds that no local government shall | ||
| contradict or undermine a state law, rule, regulation, permit, or | ||
| license. | ||
| (c) A local government shall not adopt or enforce a local | ||
| ordinance, rule, or regulation that regulates a particular subject | ||
| if a state law preempts regulation of the subject by a local | ||
| government. | ||
| (d) A local government shall not adopt or enforce a local | ||
| ordinance, rule, or regulation that conflicts with, is more | ||
| stringent than, or is inconsistent with a state law, rule, | ||
| regulation, permit, or a license. | ||
| (e) A local government shall not regulate an activity | ||
| performed under a license issued by a state agency in such a manner | ||
| that the activity effectively cannot reasonably be performed within | ||
| the limits or extraterritorial jurisdiction of the municipality. | ||
| (f) Governmental immunity to suit and liability is waived | ||
| and abolished to the extent of liability for the relief allowed | ||
| under Subsections (i) and (j) for a violation of this section. | ||
| (g) A person who is adversely affected by a violation of | ||
| this section may file suit against the local government. The | ||
| attorney general may file suit against a local government to | ||
| enforce this section. | ||
| (h) A person filing suit under Subsection (e) may choose the | ||
| venue for the suit from either the district court of Travis County | ||
| or the county in which the violation occurred. | ||
| (i) A court may award a plaintiff in a civil action brought | ||
| under this section: | ||
| (1) declaratory relief under Chapter 37, Civil | ||
| Practice and Remedies Code; | ||
| (2) injunctive relief to prevent the threatened | ||
| violation or continued violation; and, | ||
| (3) actual damages. | ||
| (j) If a plaintiff prevails in a suit brought under this | ||
| section, a court shall award to the plaintiff reasonable attorney's | ||
| fees, court costs, and other reasonable expenses required in | ||
| bringing the action. | ||
| SECTION 2. Section 1.006, Local Government Code, as added | ||
| by this Act, applies to an ordinance, rule, or regulation adopted by | ||
| a local government before, on, or after the effective date of this | ||
| Act. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
