Bill Text: TX SB814 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to state preemption of certain municipal and county regulation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-04-04 - Left pending in committee [SB814 Detail]
Download: Texas-2023-SB814-Introduced.html
By: Creighton | S.B. No. 814 | |
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relating to state preemption of certain municipal and county | ||
regulation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Texas Regulatory | ||
Consistency Act. | ||
SECTION 2. The legislature finds that: | ||
(1) the State of Texas has historically been the | ||
exclusive regulator of many aspects of commerce and trade in this | ||
state; | ||
(2) in recent years, several local jurisdictions have | ||
sought to establish their own regulations of commerce that are | ||
different than the state's regulations; and | ||
(3) the local regulations have led to a patchwork of | ||
regulations across this state that provide inconsistency. | ||
SECTION 3. The purpose of this Act is to provide regulatory | ||
consistency across this state and return the historic exclusive | ||
regulatory powers to the state where those powers belong. | ||
SECTION 4. Chapter 1, Agriculture Code, is amended by | ||
adding Section 1.004 to read as follows: | ||
Sec. 1.004. FIELD PREEMPTION. The provisions of this code | ||
preclude municipalities or counties from adopting or enforcing an | ||
ordinance, order, rule, or policy in a field occupied by a | ||
provision of this code unless explicitly authorized by statute. A | ||
municipal or county ordinance, order, rule, or policy that violates | ||
this section is void and unenforceable. | ||
SECTION 5. Title 5, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 102A to read as follows: | ||
CHAPTER 102A. MUNICIPAL AND COUNTY LIABILITY FOR PREEMPTED | ||
REGULATION | ||
Sec. 102A.001. LIABILITY FOR CERTAIN PREEMPTED REGULATION. | ||
Any person, including a taxpayer, adversely affected by a municipal | ||
or county ordinance, order, rule, or policy adopted or enforced by | ||
a municipality, county, municipal official or county official | ||
acting in their official capacity in violation of any of the | ||
following provisions has standing to bring and may bring an action | ||
against the municipality, county or official: | ||
(1) Section 1.004, Agriculture Code; | ||
(2) Section 1.004, Finance Code; | ||
(3) Section 30.005, Insurance Code; | ||
(4) Section 1.005, Labor Code; | ||
(5) Section 1.003, Natural Resources Code; or | ||
(6) Section 1.004, Occupations Code. | ||
Sec. 102A.002. REMEDIES. A claimant is entitled to recover | ||
in an action brought under this chapter: | ||
(1) declaratory and injunctive relief; and | ||
(2) costs and reasonable attorney's fees. | ||
Sec. 102A.003. IMMUNITY WAIVER AND PROHIBITED DEFENSES. | ||
(a) Governmental immunity, official immunity, and qualified | ||
immunity, as applicable, are waived to the extent of liability | ||
created by this chapter. | ||
(b) Official and qualified immunity may not be asserted as | ||
a defense in an action brought under this chapter. | ||
Sec. 102A.004. VENUE. Notwithstanding any other law, | ||
including Chapter 15, a claimant may bring an action under this | ||
chapter in any county in this state. If the action is brought in a | ||
venue authorized by this section, the action may not be transferred | ||
to a different venue without the written consent of all parties. | ||
Section 102A.005. PERSON. For purposes of this section | ||
"person" means an individual, corporation, business trust, estate, | ||
trust, partnership, limited liability company, association, joint | ||
venture, government, governmental subdivision, agency or | ||
instrumentality, public corporation, or any legal or commercial | ||
entity, or protected series or registered series of a for-profit | ||
entity. | ||
SECTION 6. Chapter 1, Finance Code, is amended by adding | ||
Section 1.004 to read as follows: | ||
Sec. 1.004. FIELD PREEMPTION. The provisions of this code | ||
preclude municipalities and counties from adopting or enforcing an | ||
ordinance, order, rule, or policy in a field occupied by a | ||
provision of this code unless explicitly authorized by statute. A | ||
municipal or county ordinance, order, rule, or policy that violates | ||
this section is void and unenforceable. | ||
SECTION 7. Chapter 30, Insurance Code, is amended by adding | ||
Section 30.005 to read as follows: | ||
Sec. 30.005. FIELD PREEMPTION. The provisions of this code | ||
preclude municipalities and counties from adopting or enforcing an | ||
ordinance, order, rule, or policy in a field occupied by a | ||
provision of this code unless explicitly authorized by statute. A | ||
municipal or county ordinance, order, rule, or policy that violates | ||
this section is void and unenforceable. | ||
SECTION 8. Chapter 1, Labor Code, is amended by adding | ||
Section 1.005 to read as follows: | ||
Sec. 1.005. FIELD PREEMPTION. The provisions of this code | ||
preclude municipalities and counties from adopting or enforcing an | ||
ordinance, order, rule, or policy in a field occupied by a | ||
provision of this code unless explicitly authorized by statute. A | ||
municipal or county ordinance, order, rule, or policy that violates | ||
this section is void and unenforceable. | ||
SECTION 9. Chapter 1, Natural Resources Code, is amended by | ||
adding Section 1.003 to read as follows: | ||
Sec. 1.003. FIELD PREEMPTION. The provisions of this code | ||
preclude municipalities and counties from adopting or enforcing an | ||
ordinance, order, rule, or policy in a field occupied by a | ||
provision of this code unless explicitly authorized by statute. A | ||
municipal or county ordinance, order, rule, or policy that violates | ||
this section is void and unenforceable. | ||
SECTION 10. Chapter 1, Occupations Code, is amended by | ||
adding Section 1.004 to read as follows: | ||
Sec. 1.004. FIELD PREEMPTION. The provisions of this code | ||
preclude municipalities and counties from adopting or enforcing an | ||
ordinance, order, rule, or policy in a field occupied by a | ||
provision of this code unless explicitly authorized by statute. A | ||
municipal or county ordinance, order, rule, or policy that violates | ||
this section is void and unenforceable. | ||
SECTION 11. Chapter 102A, Civil Practice and Remedies Code, | ||
as added by this Act, applies only to a cause of action that accrues | ||
on or after the effective date of this Act. | ||
SECTION 12. 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. |