Bill > HB5203

This bill aims to strengthen state preemption of local regulations in Texas by limiting municipalities and counties from creating their own regulations in areas already governed by state law, particularly in domains like commerce, trade, elections, and criminal justice. The bill establishes that local governments cannot adopt, enforce, or maintain ordinances that regulate conduct in fields already covered by state law, and any such local regulations would be considered void and unenforceable. To enforce this, the bill provides the Attorney General with investigative and legal powers to challenge local ordinances, with potential financial consequences for municipalities found in violation, such as withholding state funds and limiting their ability to set tax rates. The bill includes provisions ensuring that municipalities can still perform core functions like road maintenance and tax collection, and does not prohibit public awareness campaigns or the ability to amend existing ordinances to comply with state law. The Texas Supreme Court is granted exclusive jurisdiction to hear constitutional challenges to the act, and the bill will take effect immediately if it receives a two-thirds vote in the legislature, or on September 1, 2025, if not. The legislation is designed to create more consistent regulations across the state by centralizing regulatory power at the state level.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5203