Harrison Bill Lets Would-Be Workers Sue Over Licensing Rules

The text as introduced · 807 words

By: Harrison
H.B. No. 2690

A BILL TO BE ENTITLED

AN ACT

relating to governmental restrictions on the right to earn a

living.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle H, Title 10, Government Code, is

amended by adding Chapter 2402 to read as follows:

CHAPTER 2402. PROTECTION OF RIGHT TO EARN LIVING

Sec. 2402.001. DEFINITIONS. In this chapter:

(1) "Governmental agency" means:

(A) this state or a political subdivision of this

state; and

(B) an agency of this state or of a political

subdivision of this state, including a department, bureau, board,

commission, office, council, or public institution of higher

education.

(2) "Public official" means an elected or appointed

officer, employee, or agent of this state or of a political

subdivision, board, commission, bureau, or other public body

established by law.

(3) "Welfare" means protection of the public against

fraud or physical or psychological harm. The term does not include

the protection of a business from competition.

Sec. 2402.002. APPLICABILITY OF CHAPTER. (a) This chapter

applies to any law adopted by a governmental agency and the

implementation of that law, regardless of the date the law was

adopted.

(b) This chapter applies to each law of this state unless

the law is expressly made exempt from the application of this

chapter by reference to this chapter.

Sec. 2402.003. RIGHT TO EARN LIVING PROTECTED. A

governmental agency or public official may not adopt or enforce a

law or other measure that imposes a burden on an individual's right

to earn a living unless the agency or official demonstrates that:

(1) the law or measure is necessary to protect public

health, safety, or welfare;

(2) the law or measure is the least restrictive means

of furthering that interest; and

(3) alternative means, including voluntary

certification or less restrictive regulatory measures, are not able

to achieve that interest without unnecessarily restricting entry

into the regulated business, profession, occupation, or trade.

Sec. 2402.004. CLAIM FOR RELIEF. (a) If a governmental

agency or public official has violated or there are reasonable

grounds to believe the agency or official is about to violate

Section 2402.003, the person aggrieved by the violation or

threatened violation may bring an action against the agency or

official in accordance with this section.

(b) A person has standing to bring an action under this

section regardless of whether the person applied for, obtained, or

was denied the occupational license or certification that is the

subject of the violation that is the basis for the action if the

person:

(1) intends to engage in the business, profession,

occupation, or trade that is the subject of the violation that is

the basis for the action; and

(2) is hindered from engaging in the business,

profession, occupation, or trade by the violation that is the basis

for the action.

(c) A person whose right to earn a living has been burdened

in violation of this Section, other than a governmental agency or

public official, in an action brought under this section is

entitled to recover:

(1) appropriate equitable relief;

(2) nominal damages of $1; and

(3) reasonable attorney's fees, court costs, and other

reasonable expenses incurred in bringing the action.

Sec. 2402.005. DEFENSE. A person whose free exercise of the

right to earn a living has been burdened in violation of Section

2402.003 may assert that violation as a defense in a judicial or

administrative proceeding enforcing the law or measure that is the

basis of the violation regardless of whether the proceeding is

brought in the name of the state or by any other person.

Sec. 2402.006. IMMUNITY WAIVED. A governmental agency's

sovereign and governmental immunity to suit and from liability is

waived to the extent of liability created by Section 2402.004.

Official immunity of a public official is waived to the extent of

liability created by Section 2402.004.

Sec. 2402.007. ACTION AND DEFENSE CUMULATIVE. An action or

defense provided by this chapter is cumulative with any other

action or defense provided by law.

Sec. 2402.008. CONSTRUCTION OF CHAPTER. This chapter may

not be construed to authorize a governmental agency or public

official to burden a person's free exercise of the right to earn a

living.

SECTION 2. (a) Section 2402.004, Government Code, as added

by this Act, applies only to a cause of action that accrues on or

after the effective date of this Act.

(b) Section 2402.005, Government Code, as added by this Act,

applies only to a proceeding that commences on or after the

effective date of this Act.

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, 2025.