CHAPTER 215. MUNICIPAL REGULATION OF BUSINESSES AND OCCUPATIONS
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.