House Bill No. 3838 introduces a new chapter to the Texas Occupations Code, specifically focusing on limitations regarding the enforcement of certain occupational regulations. The bill establishes definitions for key terms such as "license," "licensing authority," "occupational regulation," and "personal qualifications." It articulates a state policy that all occupational regulations should be limited to those that are demonstrably necessary for public health, safety, and welfare. Additionally, it mandates that each licensing authority conduct a comprehensive review of its occupational regulations by September 1, 2026, to ensure compliance with this policy, and to report any necessary modifications or repeals to the legislature by December 1, 2026.

The bill also provides mechanisms for individuals to challenge occupational regulations that they believe violate the established policy. It allows for petitions to be filed with licensing authorities to repeal or modify such regulations, requiring a response within 90 days. Furthermore, individuals can seek injunctive relief in court against the enforcement of these regulations if they can demonstrate that the regulations are overly burdensome and not necessary for legitimate public objectives. The bill outlines a hierarchy of less restrictive alternatives to occupational regulations, emphasizing market competition and consumer reviews as preferable options. The provisions of this act are set to take effect on September 1, 2025.

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