HB 72 — Relating to state preemption of certain municipal and county regulation.

Bill Text

• Introduced View text Current pdf

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This bill amends 4 section(s) of the Texas statutes: Section 102, Section 1.023, Election Code, Section 1.007, Health and Safety Code, Section 1.08, Penal Code.

• SUBCHAPTER A. PRIVATE ACTION

  added

• Section 102

  chapter → subchapter

  amended

• Section 102

  (3-a) (4) (5) (6) (7) (8) (9) → OF CHAPTER (a) Section 1.023, Election Code; (4) (5) Section 1.007 or (6) (7) (8) (9) (10) (11) Section 1.08(b), Penal Code; (12) (b) A person who has sustained an actual or threatened injury in fact from a municipal or county ordinance, order, or rule adopted or enforced in violation of Section 40.001 or 250A.001, Local Government Code, or a nonprofit organization or trade association representing the person, has standing to bring an action against the municipality or county.

  amended

• chapter chapter chapter chapter chapter chapter → subchapter subchapter subchapter subchapter subchapter subchapter

  amended

• SUBCHAPTER B. ATTORNEY GENERAL ENFORCEMENT Sec. 102A.051. DEFINITION. In this subchapter, "no-new-revenue tax rate" means the no-new-revenue tax rate calculated under Chapter 26, Tax Code. Sec. 102A.052. ATTORNEY GENERAL INVESTIGATION AND ACTION. (a) The attorney general may investigate an alleged violation of a law described by Section 102A.002 by a municipality or county. (b) The attorney general may bring an action for injunctive, declaratory, or mandamus relief against a municipality or county if the attorney general determines after conducting an investigation under Subsection (a) that the municipality or county violated a law described by Section 102A.002. (c) Notwithstanding any other law, including Chapter 15, the attorney general may bring an action under this section in: (1) the county in which all or a substantial part of the events giving rise to the cause of action occurred; or (2) if the defendant is a municipality, a county in which the municipality is located. Sec. 102A.053. EFFECTS OF PENDENCY OF ACTION. (a) During the pendency of an action brought under Section 102A.052, with respect to a municipality or county defending the action: (1) the comptroller shall withhold payment of any money due to the municipality or county under Section 321.502 or 323.502, Tax Code; (2) the municipality or county may not adopt an ad valorem tax rate that exceeds the municipality's or county's no-new-revenue tax rate; (3) the municipality or county may not adopt a budget that exceeds the total expenditures of the budget under which the municipality or county is operating at the time the attorney general brings the action under Section 102A.052; and (4) the municipality or county may not receive state grant funds and any pending application for such funds shall be denied. (b) Section 109.004(a)(1), Local Government Code, does not apply to a municipality if the comptroller is withholding payments from the municipality in accordance with Subsection (a)(1) of this section. (c) Notwithstanding Section 120.002, Local Government Code, a county may not hold an election under that section if the comptroller is withholding payments from the county in accordance with Subsection (a)(1) of this section. (d) Notwithstanding Subsection (a)(4), a municipality or county may receive state grant funds for grants provided for the purpose of: (1) responding to a disaster declared under Chapter 418, Government Code, if: (A) for a municipality, the municipality is located in a county or a county adjacent to a county that includes an area specified in the disaster declaration; and (B) for a county, the county or a county adjacent to the county includes an area specified in the disaster declaration; or (2) providing financial assistance to a municipal police department, sheriff's department, constable's office, district or county attorney's office, fire department, municipal or county jail, or other municipal or county department providing law enforcement or emergency response services. Sec. 102A.054. ACTION PROCEDURES. (a) A municipality or county defending an action brought under Section 102A.052 has the burden of proof to establish that the municipality or county complied with the law that is the subject of the action. (b) The trial court shall set an action brought under Section 102A.052: (1) for an initial hearing not later than the 30th day after the date the municipality or county defending the action was served with process for the action; and (2) for a trial on the merits not later than the 90th day after the date the municipality or county defending the action was served with process for the action, unless: (A) the municipality or county and the attorney general agree to a later date; and (B) the court determines that holding trial at a later date is in the interest of justice. Sec. 102A.055. APPELLATE JURISDICTION; EXPEDITED APPEAL. (a) The Fifteenth Court of Appeals has exclusive intermediate appellate jurisdiction of an action brought under

  amended

• Section 1.023, Election Code

  Sec. 1.023. 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.

  amended

• Section 1.007, Health and Safety Code

  Sec. 1.007. 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.

  added

• CHAPTER 40. PREEMPTION Sec. 40.001. PREEMPTION. Unless expressly authorized by another statute, a municipality may not adopt, enforce, or maintain an ordinance or rule regulating conduct in a field of regulation that is occupied by a provision of this subtitle. An ordinance or rule that violates this section is void, unenforceable, and inconsistent with this subtitle.

  amended

• CHAPTER 250A. PREEMPTION Sec. 250A.001. 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 title. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this title.

  amended

• Section 1.08, Penal Code

  section → (a) subsection (b) Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct that is otherwise prohibited by a provision of this code. An ordinance, order, or rule that violates this subsection is void, unenforceable, and inconsistent with this code.

  amended

Action History

1. August 15, 2025

   Filed

Sponsors

• Cecil Bell · Primary

Subjects