Bill Text: TX HB2266 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to judicial review of certain local laws applicable to state license holders.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-24 - Not again placed on intent calendar [HB2266 Detail]
Download: Texas-2023-HB2266-Introduced.html
Bill Title: Relating to judicial review of certain local laws applicable to state license holders.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-24 - Not again placed on intent calendar [HB2266 Detail]
Download: Texas-2023-HB2266-Introduced.html
88R735 JCG-F | ||
By: Leach | H.B. No. 2266 |
|
||
|
||
relating to judicial review of certain local laws applicable to | ||
state license holders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Regulations with | ||
Economic Impact in Need of Scrutiny (REINS) Act. | ||
SECTION 2. The purpose of this Act is to provide a judicial | ||
remedy to ensure that a state license holder has the right to engage | ||
in an occupation or business activity authorized by and regulated | ||
under state law without burdensome or inconsistent local regulation | ||
of the state license holder's occupation or lawful business | ||
activities. | ||
SECTION 3. Title 2, Occupations Code, is amended by adding | ||
Chapter 60 to read as follows: | ||
CHAPTER 60. JUDICIAL REVIEW OF CERTAIN LOCAL LAWS AFFECTING | ||
LICENSE HOLDERS | ||
Sec. 60.001. DEFINITIONS. In this chapter: | ||
(1) "Local law" means an ordinance, rule, regulation, | ||
or other measure adopted by the governing body of a municipality | ||
that establishes requirements for, imposes restrictions on, or | ||
otherwise regulates the occupation or business activity of a | ||
license holder within the municipality or the municipality's | ||
extraterritorial jurisdiction. | ||
(2) "License holder" means an individual or entity | ||
that, under state law, in order to practice the individual's | ||
occupation or conduct the entity's business in this state, is | ||
required to obtain a license, permit, registration certificate, or | ||
other evidence of authority from, and is subject to regulation by, a | ||
state licensing authority. | ||
(3) "State licensing authority" means a state agency, | ||
department, board, or commission or the executive or administrative | ||
officer of a state agency, department, board, or commission that | ||
issues a license, permit, registration certificate, or other | ||
evidence of authority to an individual or entity authorizing the | ||
individual to practice the individual's occupation or the entity to | ||
conduct the entity's business in this state. | ||
Sec. 60.002. SUIT TO ENJOIN ENFORCEMENT OF CERTAIN LOCAL | ||
LAWS AFFECTING LICENSE HOLDERS. (a) A license holder subject to a | ||
local law may bring an action under this section to enjoin the | ||
enforcement of the local law if the local law: | ||
(1) establishes requirements for, imposes | ||
restrictions on, or otherwise regulates the occupation or business | ||
activity of the license holder in a manner that is more stringent | ||
than the requirements, restrictions, or regulations imposed on the | ||
license holder under state law; or | ||
(2) would result in an adverse economic impact on the | ||
license holder. | ||
(b) A license holder must bring the action in a district | ||
court in: | ||
(1) a county that includes any territory of the | ||
municipality that adopted the local law; or | ||
(2) Travis County. | ||
(c) The license holder bringing the action under this | ||
section must show by a preponderance of the evidence that the local | ||
law is a local law described by Subsection (a). The license holder | ||
may provide evidence regarding the adverse economic impact of | ||
similar local laws in other jurisdictions inside or outside of this | ||
state. | ||
(d) If the license holder satisfies the burden of proof | ||
required by Subsection (c), the municipality defending the action | ||
has the burden of establishing by clear and convincing evidence | ||
that the local law: | ||
(1) does not conflict with state law; and | ||
(2) is necessary and narrowly tailored to protect | ||
against actual and specific harm to the public's health or safety. | ||
(e) The court may grant any prohibitory or mandatory relief | ||
warranted by the facts, including a temporary restraining order, | ||
temporary injunction, or permanent injunction. | ||
(f) If the license holder prevails in the action, the court | ||
shall award to the license holder court costs and reasonable and | ||
necessary attorney's fees to be paid by the municipality defending | ||
the action. | ||
SECTION 4. 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, 2023. |