Bill Text: TX SB1806 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to limits on the regulatory authority of a municipality.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-04-30 - Left pending in committee [SB1806 Detail]
Download: Texas-2015-SB1806-Introduced.html
| By: Estes | S.B. No. 1806 | |
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| relating to limits on the regulatory authority of a municipality. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 7, Local Government Code, is | ||
| amended by adding Chapter 230 to read as follows: | ||
| CHAPTER 230. PREEMPTION OF MUNICIPAL REGULATORY AUTHORITY | ||
| Sec. 230.001. PREEMPTION. (a) "License" has the meaning | ||
| assigned by Section 2001.003, Government Code. | ||
| (b) Any municipal charter provision, ordinance, rule, or | ||
| regulation that conflicts with any provision of state law is null | ||
| and void. | ||
| (c) A municipal charter provision, ordinance, rule or | ||
| regulation conflicts with state law if: | ||
| (1) it is a type of ordinance expressly preempted by | ||
| state law; | ||
| (2) it regulates an area in which state law is | ||
| pervasive and occupies the field; | ||
| (3) it frustrates the purpose of state law; | ||
| (4) there is no reasonable construction of the | ||
| municipal ordinance, rule, or regulation under which both the | ||
| ordinance, rule, or regulation and the state law in question can be | ||
| given full effect; or | ||
| (5) it regulates an activity performed under a license | ||
| issued by the state and either actually or effectively prohibits a | ||
| person from performing the licensed activity. | ||
| (d) Subsection (c) is not intended to be an exhaustive list | ||
| of the ways in which a municipal charter provision, ordinance, | ||
| rule, or regulation may conflict with state law. | ||
| (e) The attorney general may bring an action in the name of | ||
| the state to enforce the provisions of this section. | ||
| Sec. 230.002. BAG BANS. A municipal charter provision, | ||
| ordinance, rule or regulation may not: | ||
| (a) ban the provision or sale of a single-use or carry-out | ||
| paper or plastic bag; or | ||
| (b) require the payment of a fee for a single-use or | ||
| carry-out paper or plastic bag. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
