Texas 2023 - 88th Regular

Texas Senate Bill SB149

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a municipality to regulate statewide commerce.

Impact

If enacted, SB149 would amend existing laws that delineate the powers of local governments regarding commerce. By prohibiting municipalities from altering commercial activities, it aims to mitigate potential barriers to interstate business operations. The act would likely reinforce a centralization of authority, thereby limiting the variety of local regulations that could differ significantly across Texas. Such a standardized approach is viewed as a means to streamline business practices, potentially encouraging economic activity at a statewide level.

Summary

SB149 seeks to clarify the extent of municipal authority over regulations impacting commerce within the state of Texas. The bill explicitly defines that municipalities are prohibited from enacting any ordinance, regulation, or measure that restricts or conditions commercial activities that occur across multiple municipalities. However, it allows for exceptions when such regulations are essential to uniquely local concerns, land use, physical safety, or are expressly authorized by state law. This attempt to create a uniform framework around statewide commerce aims to maintain a free flow of trade without local hindrance.

Sentiment

The sentiment around SB149 appears mixed, with proponents championing the bill for fostering a more integrated and business-friendly environment across municipalities. Supporters argue that this could eliminate confusion and inefficiencies created by varying local regulations, thereby enhancing economic opportunities. Conversely, opponents express concerns that this bill could marginalize the unique needs and priorities of local communities, particularly in areas where local regulations play a critical role in public welfare and safety.

Contention

Notably, contention stems from the bill's tight restrictions on municipalities concerning their regulatory authority over commercial activities. Critics argue that this infringes on local governance and autonomy, particularly in addressing specific community concerns that may not be effectively managed at the state level. The debate highlights the ongoing tension between state control and local governance, emphasizing differing perspectives on the appropriate balance of power in regulatory matters. Additionally, the requirement for municipalities to detail their uniquely local concerns provides another layer of procedural complexity that some lawmakers find problematic.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 51. General Powers Of Municipalities
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.