CHAPTER 215. MUNICIPAL REGULATION OF BUSINESSES AND OCCUPATIONS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND

RELATED ACTIVITIES

SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY

CHAPTER 215. MUNICIPAL REGULATION OF BUSINESSES AND OCCUPATIONS

SUBCHAPTER A. REGULATION BY MUNICIPALITIES IN GENERAL

Sec. 215.002. MOTOR VEHICLES AND ACCESSORIES. (a) A

municipality by ordinance may license and otherwise regulate

persons engaged primarily or incidentally in the sale or exchange

of motor vehicles or motor vehicle parts or accessories within

the limits of the municipality.

(b) A municipality may prescribe penalties for the violation of

the ordinance.

(c) Any money collected under the ordinance may be used by the

municipality only for the enforcement of the ordinance and any

other laws regulating the sale, exchange, or theft of motor

vehicles or motor vehicle parts or accessories.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(l), eff. Aug. 28,

1989.

Sec. 215.003. RENDERING PLANTS. To protect residents of a

municipality from health hazards related to unsanitary conditions

that may exist in connection with rendering plants, the

municipality by ordinance may regulate the equipment and manner

of operation of rendering plants located within the limits of the

municipality or within one mile of the limits.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.004. TAXICABS AND LIMOUSINES. (a) To protect the

public health, safety, and welfare, a municipality by ordinance:

(1) shall license, control, and otherwise regulate each private

passenger vehicle, regardless of how it is propelled, that

provides passenger taxicab transportation services for

compensation and is designed for carrying no more than eight

passengers; and

(2) may license, control, and otherwise regulate each private

passenger vehicle, regardless of how it is propelled, that

provides passenger limousine transportation services for

compensation and is designed for carrying no more than 15

passengers.

(a-1) Subsection (a) applies to a taxicab or limousine service

that is operated:

(1) within the jurisdiction of the municipality;

(2) on property owned by the municipality, singly or jointly

with one or more other municipalities or public agencies;

(3) on property in which the municipality possesses an ownership

interest; or

(4) by transporting from the municipality, municipal property,

or property in which the municipality has an interest and

returning to it.

(b) The ordinance may include:

(1) regulation of the entry into the business of providing

passenger taxicab or limousine transportation services, including

controls, limits, or other restrictions on the total number of

persons providing the services;

(2) regulation of the rates charged for the provision of the

services;

(3) establishment of safety and insurance requirements; and

(4) any other requirement adopted to ensure safe and reliable

passenger transportation service.

(c) In regulating passenger taxicab or limousine transportation

services under this section, a municipality is performing a

governmental function. A municipality may carry out the

provisions of this section to the extent the governing body of

the municipality considers it necessary or appropriate.

(d) The provisions of this section relating to the regulation of

limousine transportation services apply only to a municipality

with a population of more than 1.9 million.

Added by Acts 1989, 71st Leg., ch. 1, Sec. 50(a), eff. Aug. 28,

1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

476, Sec. 1, eff. September 1, 2007.

SUBCHAPTER B. REGULATION BY TYPE A GENERAL-LAW MUNICIPALITY

Sec. 215.021. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a Type A general-law municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.022. BREAD. The governing body of the municipality may

regulate the weight and quality of bread to be sold or used

within the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.023. BUTCHERS. The governing body of the municipality

may adopt any rules relating to butchers that the governing body

considers necessary and proper.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.024. TANNERIES; STABLES; SLAUGHTERHOUSES; OTHER

BUSINESSES. (a) As necessary for the health, comfort, and

convenience of the residents of the municipality, the governing

body of the municipality may compel the owner or occupant to

clean, abate, or remove:

(1) a grocery;

(2) a soap, tallow, or chandler establishment;

(3) a blacksmith shop;

(4) a tannery;

(5) a stable;

(6) a slaughterhouse;

(7) a sewer;

(8) a privy;

(9) a hide house; or

(10) any other unwholesome or nauseous house or place.

(b) The governing body may direct the location of:

(1) businesses;

(2) tanneries;

(3) blacksmith shops;

(4) foundries;

(5) livery stables; and

(6) manufacturing establishments.

(c) Within the limits of a municipality, the governing body may

restrain, abate, prohibit, direct the location of, or regulate

the management or construction of:

(1) slaughtering establishments;

(2) hide houses;

(3) establishments for making soap;

(4) establishments for steaming or rendering lard, tallow,

offal, or any other substances that may be rendered; and

(5) any other establishments or places at which any nauseous,

offensive, or unwholesome business may be conducted.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.025. ANIMAL DRIVES. The governing body of the

municipality may prohibit or otherwise regulate the driving of

cattle, horses, or other animals in the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.026. ANIMALS AT LARGE. (a) The governing body of the

municipality may establish and regulate public pounds.

(b) The governing body may prohibit or otherwise regulate the

running at large of horses, mules, cattle, sheep, swine, or

goats.

(c) If an animal is at large in violation of an ordinance

adopted under this section, the governing body may authorize:

(1) the capture and impounding of the animal;

(2) the sale of the animal for the costs of the sale proceedings

and any penalties imposed;

(3) the destruction of the animal if the animal cannot be sold;

and

(4) the imposition of a penalty on the owner.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.027. BREEDING ANIMALS. The governing body of the

municipality by ordinance may prohibit a person from keeping a

jack, bull, or stallion in the municipality for breeding

purposes.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.028. MARKETS. (a) The governing body of the

municipality may establish or erect markets or market houses.

(b) The governing body may designate and regulate market places

and privileges and may inspect and determine the manner of

inspecting meat, fish, vegetables and other produce, and any

other article brought for sale at a market.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.029. DRIVERS; PORTERS. (a) The governing body of the

municipality may license, tax, or otherwise regulate:

(1) cabdrivers;

(2) draymen;

(3) bus drivers;

(4) baggage wagon drivers;

(5) porters; and

(6) any other persons pursuing similar occupations with or

without vehicles.

(b) The governing body may prescribe the compensation of persons

subject to Subsection (a).

(c) The governing body may provide for the protection of persons

subject to Subsection (a) and may make the attempt to defraud

those persons of any legal charge for services rendered a

misdemeanor offense.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.030. MESSENGERS. The governing body of the

municipality may license, restrain, or otherwise regulate

messengers for railroads, stages, or public houses.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.031. HAWKERS; PEDDLERS; PAWNBROKERS. The governing

body of the municipality may license, tax, suppress, prevent, or

otherwise regulate:

(1) hawkers;

(2) peddlers; and

(3) pawnbrokers.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.032. EXHIBITIONS; SHOWS; AMUSEMENTS. (a) The

governing body of the municipality may license, tax, suppress,

prevent, or otherwise regulate keepers of theatrical or other

exhibitions, shows, or amusements.

(b) The governing body may license, tax, or otherwise regulate:

(1) theaters;

(2) circuses;

(3) exhibitions of common showmen;

(4) shows of any kind;

(5) exhibitions of natural or artificial curiosities;

(6) caravans;

(7) menageries; and

(8) musical exhibitions or performances.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.033. LICENSES; FEES. (a) The governing body of the

municipality may authorize the proper municipal officer to grant

and issue licenses, direct the manner of issuing and registering

licenses, and set the fees to be paid for licenses.

(b) A license may not be issued for a period of more than one

year.

(c) A license may not be assigned except as permitted by the

governing body.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.034. SUSPENSION OR REVOCATION OF OCCUPATION LICENSE.

(a) A judge of the municipal court, in addition to imposing a

fine, may institute proceedings to suspend or revoke the license

of a person if:

(1) the person is required, by law or by a municipal ordinance

adopted under a law, to obtain the license from the municipality

for an occupation, business, or avocation; and

(2) the judge finds the person guilty of violating a municipal

ordinance relating to the occupation, business, or avocation or

finds that the person has been convicted of barratry under

Section 38.12, Penal Code.

(b) For the purpose of this section, a person is convicted of

barratry if a court of competent jurisdiction enters an

adjudication of guilt against the person regardless of whether:

(1) the sentence is subsequently probated and the person is

discharged from probation;

(2) the accusation, complaint, information, or indictment is

dismissed following probation; or

(3) the person is pardoned for the offense, unless the pardon is

granted expressly for subsequent proof of innocence.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1993, 73rd Leg., ch. 723, Sec. 6, eff. Sept. 1,

1993.

SUBCHAPTER C. REGULATION BY TYPE B GENERAL-LAW MUNICIPALITY

Sec. 215.051. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a Type B general-law municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.052. MARKETS. The governing body of the municipality

may establish markets.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER D. REGULATION BY HOME-RULE MUNICIPALITY

Sec. 215.071. MUNICIPALITY COVERED BY SUBCHAPTER. This

subchapter applies only to a home-rule municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.072. DAIRIES; SLAUGHTERHOUSES. The municipality may

inspect dairies, slaughterhouses, or slaughter pens, in or

outside the municipal limits, from which milk or meat is

furnished to the residents of the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.073. VEHICLES FOR HIRE. The municipality may license,

fix the charges or fares made by, or otherwise regulate any

person who owns, operates, or controls any type of vehicle used

on the public streets or alleys of the municipality for carrying

passengers or freight for compensation.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.0735. OPERATORS OF VEHICLES. The municipality may

prescribe the qualifications of an operator of a vehicle that

uses the public streets in the municipality.

Added by Acts 1995, 74th Leg., ch. 165, Sec. 3, eff. Sept. 1,

1995. Renumbered from Government Code Sec. 215.0735 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(32), eff. Sept. 1, 1997.

Sec. 215.074. THEATERS; SHOWS; AMUSEMENTS. The municipality may

regulate the location and conduct of:

(1) theaters;

(2) movie theaters;

(3) bowling alleys; and

(4) other places of public amusements.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 215.075. POLICE POWER. The municipality may license any

lawful business or occupation that is subject to the police power

of the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.