Bill > HB5612

This bill aims to strengthen state preemption over local municipal and county regulations by establishing a comprehensive framework that limits local governments' ability to create regulations that differ from state laws. The bill finds that local jurisdictions have recently created a "patchwork" of inconsistent regulations and seeks to return regulatory powers to the state. It allows individuals, nonprofit organizations, and trade associations to sue municipalities or counties for adopting regulations that violate state law, and empowers the Attorney General to investigate and take action against local governments. If a local government is found in violation, it may face significant penalties, including being barred from adopting tax rates above the no-new-revenue rate, being ineligible for state grant funds, and potentially having funds from its suspense account transferred to the state's general revenue fund. The bill specifically prohibits municipalities and counties from adopting, enforcing, or maintaining ordinances that regulate conduct in fields already covered by state law, rendering such local regulations void and unenforceable. However, the bill does not prevent local governments from building roads, imposing taxes, providing authorized services, conducting public awareness campaigns, or amending existing ordinances to comply with the law. The Texas Supreme Court is granted exclusive jurisdiction over any constitutional challenges to the bill, which will take effect immediately if it receives a two-thirds vote in the legislature, or on September 1, 2025, if it does not.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5612