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.