85R971 TSR-F     By: Cain H.B. No. 4097       A BILL TO BE ENTITLED   AN ACT   relating to prohibition of certain regulations by a county,   municipality, or other political subdivision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  SHORT TITLE. This Act may be cited as the   Intrastate Commerce Improvement Act.          SECTION 2.  PURPOSE. The purpose of this Act is to improve   intrastate commerce by ensuring that businesses, organizations,   and employers doing business in this state are subject to uniform   nondiscrimination laws and obligations, irrespective of the   county, municipality, or other political subdivision in which the   business, organization, or employer is located or engages in   business or a commercial activity. Uniform laws will benefit the   businesses, organizations, and employers seeking to do business in   this state and will attract new businesses, organizations, and   employers to this state.          SECTION 3.  PROHIBITED REGULATIONS. Chapter 250, Local   Government Code, is amended by adding Section 250.008 to read as   follows:          Sec. 250.008.  PROHIBITED REGULATIONS BY POLITICAL   SUBDIVISIONS. (a)  In this section, "local law" means a law,   ordinance, order, resolution, rule, policy, or similar measure   adopted by a county, municipality, or other political subdivision.          (b)  A county, municipality, or other political subdivision   may not adopt or enforce a local law that creates a protected   classification or prohibits discrimination on a basis not contained   in the laws of this state.          (c)  A local law that is adopted by a political subdivision   before the date this section becomes law and that violates   Subsection (b) is null and void.          SECTION 4.  CONFORMING AMENDMENT. The heading to Chapter   250, Local Government Code, is amended to read as follows:   CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF   MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS          SECTION 5.  SEVERABILITY. (a) It is the intent of the   legislature that every provision, section, subsection, sentence,   clause, phrase, and word in this Act, and every application of the   provisions in this Act to each local law, are severable from each   other. All constitutionally valid and lawful applications of this   Act shall be severed from an application that a court finds to be   invalid, leaving the valid applications in force because it is the   legislature's intent and priority that the valid applications be   allowed to stand alone.          (b)  A court may not decline to enforce the severability   requirements in this Act on the ground that the enforcement of the   severability requirements would be contrary to legislative intent.   The legislature hereby declares that it intends for the   severability requirements of this Act to be enforced as written,   without any exceptions.          (c)  A court may not decline to enforce the severability   requirements of this Act on the ground that the Act's provisions or   applications are essentially and inseparably connected. The   legislature hereby declares that it intends for the severability   requirements of this Act to be enforced without regard to whether   this Act's provisions or applications are essentially and   inseparably connected.          (d)  Section 311.032(a), Government Code, applies to this   Act.          SECTION 6.  EFFECTIVE DATE. 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.