Bill Text: TX HB3947 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to judicial review of certain regulations that apply to state licensees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-11 - Left pending in committee [HB3947 Detail]

Download: Texas-2017-HB3947-Introduced.html
 
 
  By: Laubenberg H.B. No. 3947
 
 
 
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 6, Civil Practice and Remedies Code, is
  amended by adding Chapter 151 to read as follows:
  CHAPTER 151. REGULATIONS WITH ECONOMIC IMPACT IN NEED OF SCRUTINY
         Sec. 151.001.  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. 151.002.  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. 151.003.  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 that 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.
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