By: Huffines	S.B. No. 2178

	A BILL TO BE ENTITLED
	AN ACT
	relating to judicial review of certain regulations that apply to
	state licensees.
	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.  Title 2, Occupations Code, is amended by adding
	Chapter 60 to read as follows:
	CHAPTER 60. REGULATIONS WITH ECONOMIC IMPACT IN NEED OF SCRUTINY
	Sec. 60.001.  PURPOSE OF CHAPTER. It is the purpose of this
	chapter to provide a judicial remedy to ensure that a state licensee
	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 licensee's occupation or
	lawful business activities.
	Sec. 60.002.  DEFINITIONS. In this chapter:
	(1)  "Local regulation" means any ordinance, rule, or
	regulation adopted by the governing body of a municipality that
	establishes requirements for, imposes restrictions on, or
	otherwise regulates the business activity of a state licensee
	within the municipality or the municipality's extraterritorial
	jurisdiction.
	(2)  "State licensee" means a person or entity that,
	under state law, in order to practice the person'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.
	Sec. 60.003.  SUIT TO ENJOIN ENFORCMENT OF LOCAL REGULATION.
	(a) A suit to enjoin enforcement of a local regulation may be
	brought by a state licensee that is subject to the local regulation
	if the local regulation:
	(1)  establishes requirements for, imposes
	restrictions on, or otherwise regulates the business activity of
	the state licensee in a manner that is more stringent than the
	requirements, restrictions, and regulations imposed on the state
	licensee under state law; or
	(2)  would result in an adverse economic impact on the
	state licensee.
	(b)  A suit under this chapter must be brought in a district
	court:
	(1)  for a judicial district in which any portion of the
	territory of the municipality that adopted the local regulation is
	located; or
	(2)  in Travis County.
	(c)  In a suit under this chapter, the state licensee must
	show by a preponderance of the evidence that the local regulation
	substantially burden's the state licensee's right to engage in an
	occupation authorized by and regulated under state law or would
	result in an adverse economic impact on the state licensee. In a
	suit under this chapter, the state licensee may submit evidence
	regarding the adverse economic impact of similar local regulations
	in other jurisdictions inside or outside the state.
	(d)  If the state licensee meets the preponderance of the
	evidence burden required by Subsection (c), the municipality has
	the burden of establishing by clear and convincing evidence that
	the local regulation the municipality seeks to enforce:
	(1)  does not conflict with state law; and
	(2)  is necessary and narrowly tailored to protect
	against actual and specific harm to the public health or safety.
	(e)  The district court may grant any prohibitory or
	mandatory relief warranted by the facts, including a temporary
	restraining order, temporary injunction, or permanent injunction.
	(f)  If a state licensee prevails in a suit brought under
	this chapter, the court shall award the state licensee court costs
	and reasonable and necessary attorney's fees to be paid by the
	municipality.
	SECTION 3.  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, 2017.