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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of occupations by this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 60 to read as follows: |
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CHAPTER 60. ENFORCEMENT OF OCCUPATIONAL REGULATIONS |
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Sec. 60.001. DEFINITIONS. In this chapter: |
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(1) "License" means a license, certificate, |
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registration, permit, or other form of authorization required by |
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law or a state agency rule that must be obtained by an individual to |
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engage in a particular occupation. |
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(2) "State agency" means a department, board, bureau, |
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commission, committee, division, office, council, or agency of the |
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state. |
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Sec. 60.002. REGULATION OF OCCUPATIONS. (a) An individual |
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in this state has the right to engage in any lawful occupation |
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without burdensome governmental regulation. |
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(b) A lawful occupation may be regulated by the state only |
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if the state agency enforcing the regulation demonstrates that the |
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regulation is: |
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(1) necessary to fulfill the purpose and intent of the |
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statute authorizing the occupation's regulation; and |
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(2) not substantially burdensome. |
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Sec. 60.003. DEFENSE AVAILABLE. (a) In any enforcement |
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action by a state agency against an individual for failure to comply |
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with an occupational regulation, including a requirement to obtain |
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a license to engage in a lawful occupation, the individual may |
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present evidence that the regulation substantially burdens the |
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individual's right to engage in a lawful occupation. |
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(b) If the individual shows by a preponderance of the |
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evidence that the regulation substantially burdens the |
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individual's right to engage in a lawful occupation, the state |
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agency has the burden of establishing by clear and convincing |
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evidence that the occupational regulation that the agency seeks to |
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enforce is necessary to fulfill the purpose and intent of the |
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statute authorizing the occupation's regulation. |
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Sec. 60.004. RELIEF. An individual may file suit against |
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the state for declaratory judgment or injunction or other equitable |
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relief that a regulatory requirement imposed on an occupation |
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violates Section 60.002(b). |
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SECTION 2. Chapter 60, Occupations Code, as added by this |
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Act, applies only to a disciplinary hearing or other action that |
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commences on or after the effective date of this Act. A |
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disciplinary hearing or action that commences before that date is |
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governed by the law in effect at the time the disciplinary hearing |
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or action commenced, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |