Bill Text: TX HB3734 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the preemption of municipal and county regulatory authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to State Affairs [HB3734 Detail]
Download: Texas-2019-HB3734-Introduced.html
| 86R10555 NC-F | ||
| By: Swanson | H.B. No. 3734 | |
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| relating to the preemption of municipal and county regulatory | ||
| authority. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 7, Local Government Code, is | ||
| amended by adding Chapter 247 to read as follows: | ||
| CHAPTER 247. PREEMPTION OF MUNICIPAL AND COUNTY REGULATORY | ||
| AUTHORITY | ||
| Sec. 247.001. DEFINITIONS. In this chapter: | ||
| (1) "License" has the meaning assigned by Section | ||
| 2001.003, Government Code. | ||
| (2) "Regulation" includes a charter provision, | ||
| ordinance, order, or rule. | ||
| Sec. 247.002. PREEMPTION. (a) A municipality or county may | ||
| not adopt or enforce a regulation that conflicts with a state law. | ||
| A regulation that conflicts with a state law is void. | ||
| (b) For purposes of this section, a municipal or county | ||
| regulation that conflicts with a state law includes a regulation: | ||
| (1) that is a type of regulation expressly preempted | ||
| by the state law; | ||
| (2) that regulates an area in which state law is | ||
| pervasive and occupies the field; | ||
| (3) that frustrates the purpose of the state law; | ||
| (4) for which there is no reasonable construction | ||
| under which the regulation and the state law can be given full | ||
| effect; or | ||
| (5) that regulates an activity performed under a | ||
| license issued by the state and actually or effectively prohibits a | ||
| person from performing the licensed activity. | ||
| Sec. 247.003. ENFORCEMENT BY ATTORNEY GENERAL. (a) The | ||
| attorney general may bring an action in the name of the state for | ||
| injunctive or declaratory relief for a violation of this chapter. | ||
| (b) The attorney general may file the action in a district | ||
| court in: | ||
| (1) Travis County; | ||
| (2) if the action is brought against a municipality, | ||
| the county in which the municipality is primarily located; or | ||
| (3) the county against which the action is brought. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
