Relating to the authority of the attorney general to investigate violations of law by certain local governments and to take action against those local governments to enforce the law.
Impact
The implementation of HB 5266 could significantly alter the power dynamics between state and local governments in Texas. By empowering the Attorney General to investigate and take action against local governments, the bill may deter local entities from undertaking actions that could lead to legal violations. It establishes a clearer framework under which local governments are held accountable, with specific mechanisms for investigation and resolution of alleged violations. This law is set to take effect on September 1, 2025, indicating a future shift in enforcement practices.
Summary
House Bill 5266 establishes the authority for the Texas Attorney General to investigate alleged violations of laws by local governments, which include municipalities and counties. The bill permits the Attorney General to take legal action against these local entities if it is determined that they have violated state laws. This measure aims to enhance state oversight over local governments and ensure compliance with legal standards.
Contention
One notable concern surrounding this bill is the potential for conflict between state and local governance. Critics may argue that this law could lead to state overreach into local matters, stripping municipalities and counties of their autonomy to self-govern. The provisions that restrict local governments from adopting tax rates exceeding their 'no-new-revenue tax rate' during enforcement actions can also be viewed as punitive, limiting local revenue-generating capabilities and potentially impacting essential local services and projects. The balance of authority in governance is likely to be a point of contention as stakeholders assess the implications of this legislation.
Identical
Relating to the authority of the attorney general to investigate violations of law by certain local governments and to take action against those local governments to enforce the law.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.
Relating to the enforcement of certain election laws by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.
Relating to authorized investments of public money by certain governmental entities and the confidentiality of certain information related to those investments.
Relating to disciplinary action against a peace officer by the Texas Commission on Law Enforcement for failure to cooperate with an investigation by a law enforcement agency.
Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.
Relating to methods for the recovery of system restoration costs incurred by electric utilities following hurricanes, tropical storms, ice or snow storms, floods, and other weather-related events and natural disasters.
Relating to methods for the recovery of system restoration costs incurred by electric utilities following hurricanes, tropical storms, ice or snow storms, floods, and other weather-related events and natural disasters.
Relating to the response and resilience of certain electricity service providers to major weather-related events or other natural disasters; granting authority to issue bonds.