Hayes Elephant Bill Voids Local Rules Across The Health Code

The text as introduced · 418 words

89R15957 DNC-D

By: Hayes
H.B. No. 5042

A BILL TO BE ENTITLED

AN ACT

relating to state preemption of and the effect of certain state

health and safety laws on certain municipal and county regulations,

including a law providing that an elephant is a dangerous wild

animal.

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

SECTION 1. Section 102A.002, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any

person who has sustained an injury in fact, actual or threatened,

from a municipal or county ordinance, order, or rule adopted or

enforced by a municipality or county in violation of any of the

following provisions or a trade association representing the person

has standing to bring and may bring an action against the

municipality or county:

(1) Section 1.004, Agriculture Code;

(2) Section 1.109, Business & Commerce Code;

(3) Section 1.004, Finance Code;

(4) Section 1.006, Health and Safety Code;

(5) Section 30.005, Insurance Code;

(6) [ (5) ] Section 1.005, Labor Code;

(7) [ (6) ] Section 229.901, Local Government Code;

(8) [ (7) ] Section 1.003, Natural Resources Code;

(9) [ (8) ] Section 1.004, Occupations Code; or

(10) [ (9) ] Section 1.004, Property Code.

SECTION 2. Chapter 1, Health and Safety Code, is amended by

adding Section 1.006 to read as follows:

Sec. 1.006. PREEMPTION. Unless expressly authorized by

another statute, a municipality or county may not adopt, enforce,

or maintain an ordinance, order, or rule regulating conduct in a

field of regulation that is occupied by a provision of this code. An

ordinance, order, or rule that violates this section is void,

unenforceable, and inconsistent with this code.

SECTION 3. Section 822.101(4), Health and Safety Code, is

amended to read as follows:

(4) "Dangerous wild animal" means:

(A) a lion;

(B) a tiger;

(C) an ocelot;

(D) a cougar;

(E) a leopard;

(F) a cheetah;

(G) a jaguar;

(H) a bobcat;

(I) a lynx;

(J) a serval;

(K) a caracal;

(L) a hyena;

(M) a bear;

(N) a coyote;

(O) a jackal;

(P) a baboon;

(Q) a chimpanzee;

(R) an orangutan;

(S) a gorilla;

(T) an elephant; or

(U) [ (T) ] any hybrid of an animal listed in this

subdivision.

SECTION 4. Chapter 102A, Civil Practice and Remedies Code,

as amended by this Act, applies only to a cause of action that

accrues on or after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2025.