Bill Text: TX SB1901 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the encouragement of intra-state commerce.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to Business & Commerce [SB1901 Detail]
Download: Texas-2019-SB1901-Introduced.html
By: Fallon | S.B. No. 1901 | |
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Relating to the encouragement of intra-state commerce. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 51, Local Government | ||
Code, is amended by adding Section 51.004 to read as follows: | ||
Sec. 51.004. REGULATION OF UNIQUE LOCAL CONCERNS | ||
AUTHORIZED; OTHER REGULATION OF STATE-WIDE COMMERCE PROHIBITED. | ||
(a) In this section: | ||
(1) "commercial activity" means the purchase or sale | ||
of goods or services of any kind or quantity, conducted by a person | ||
who engages in such activity in more than one municipality in this | ||
state; | ||
(2) "uniquely local concern" means a particularized | ||
concern unique to the physical conditions in the municipality; | ||
(3) "regulation of local land use" means taking action | ||
consistent with Chapters 211-214 and includes adoption and | ||
enforcement of building construction standards and permitting, | ||
barring, or limiting the use of designated property for one or more | ||
designated types or categories of commercial activity, but shall | ||
not include any restriction, condition, or regulation of the goods, | ||
services, transactions, operations, purchaser-seller | ||
interactions, employment practices, finances, advertising, | ||
marketing, or any other conduct or practices by a person engaging in | ||
a commercial activity; and | ||
(4) "citizens' physical safety" means protection of | ||
citizens from physical bodily injury inflicted by physical contact | ||
with another person, animal, or physical condition on real | ||
property. | ||
(b) Except as authorized by Subsection (c), the governing | ||
body of a municipality may not adopt or enforce an ordinance, rule, | ||
or police regulation that imposes a restriction, condition, or | ||
regulation on commercial activity. | ||
(c) The governing body may adopt and enforce an ordinance, | ||
rule, or police regulation: | ||
(1) essential to directly regulating a uniquely local | ||
concern that the governing body determines cannot be of similar | ||
concern in another municipality because of the uniqueness of the | ||
local concern; | ||
(2) essential to necessary regulation of local land | ||
use; | ||
(3) essential to protecting citizens' physical safety; | ||
or | ||
(4) that it is expressly authorized to adopt by a | ||
statute of this state. | ||
(d) A governing body acting under Section (c)(1) must | ||
contemporaneously adopt a detailed written statement describing | ||
the uniquely local concern and the basis for its determination that | ||
the concern cannot be of similar concern in another municipality. | ||
(e) An ordinance, rule, or police regulation prohibited by | ||
subsection (b) impairs the free flow of commerce across the state | ||
and is inconsistent with the general law of this state. | ||
(f) A commercial activity that is subject to regulation by | ||
this state or the United States cannot present any uniquely local | ||
concern. | ||
(g) A state statute that states it does not preempt | ||
municipal regulatory authority or does not affect municipal | ||
regulatory authority shall not be construed under Subsection (c)(4) | ||
to expressly authorize any ordinance, rule, or police regulation. | ||
SECTION 2. EFFECTIVE DATE. This Act takes effect | ||
immediately if it receives a vote of two-thirds of all the members | ||
elected to each house, as provided by Section 39, Article III, Texas | ||
Constitution. If this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect September 1, 2019. |