Bill: HB 610, 87(R) - 2021

Committee

House Judiciary & Civil Jurisprudence

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Yes Positive Neutral Positive Positive Positive

Author(s)

Valoree Swanson

Co-Author(s)

Briscoe Cain
Cody Vasut

Bill Caption

Relating to judicial review of certain local laws applicable to state license holders.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 610 would permit an occupational license holder to seek to enjoin enforcement of a local law if the local law imposes more stringent restrictions on the holder than state law or would result in an adverse economic impact on the holder. The license holder would have to show by a preponderance of the evidence that the local law does one of those two things. If the license holder satisfies that requirement, the municipality would have to show by clear and convincing evidence that their law does not conflict with state law and is narrowly tailored to protect against actual harm to public health or safety. 


Such an action would have to be brought in a district court in a county that includes the territory of the applicable municipality or in Travis County. If the license holder prevails, the court would, on top of enjoining the law's enforcement, be permitted to order the municipality to pay reasonable attorney’s fees and costs to the license holder.

Vote Recommendation Notes

Texas Action supports HB 610 because it would expand individual liberty, personal responsibility, and economic freedom while limiting arbitrary government regulations. Severe occupational licensing regulations limit economic freedom and invite rent-seeking on behalf of politically-connected businesses. The Texas Constitution protects the fundamental right of Texans to earn a living, placing the burden on the government to prove that any restriction on this right actually protects public safety. HB 610 would grant this presumption of liberty to license holders by giving them an avenue for judicial review of local regulations.


Source URL (retrieved on 03/29/2024 05:03 AM): http://reports.texasaction.com/bill/87r/hb610?print_view=true