2023S0258-1 03/07/23
By: Hughes S.B. No. 1860
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of a climate policy in a municipal charter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 9, Local Government Code, is amended by
adding Section 9.0015 to read as follows:
Sec. 9.0015. DEFINITION. In this chapter, "climate
charter" means an overarching or comprehensive ordinance, rule, or
other policy statement that purports to set out or address climate
change or environmental impact on areas such as water, energy, and
emissions.
SECTION 2. Section 9.003(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Section 9.0045, the [The] charter
prepared by the charter commission shall be submitted to the
qualified voters of the municipality at an election to be held on
the first authorized uniform election date prescribed by the
Election Code that allows sufficient time to comply with other
requirements of law and that occurs on or after the 40th day after
the date the charter commission completes its work. The governing
body of the municipality shall provide for the submission of the
charter at the election to the extent that the provisions for
submission are not prescribed by general law.
SECTION 3. Section 9.004(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Section 9.0045, the [The]
governing body of a municipality on its own motion may submit a
proposed charter amendment to the municipality's qualified voters
for their approval at an election. The governing body shall submit
a proposed charter amendment to the voters for their approval at an
election if the submission is supported by a petition signed by a
number of qualified voters of the municipality equal to at least
five percent of the number of qualified voters of the municipality
or 20,000, whichever number is the smaller.
SECTION 4. Chapter 9, Local Government Code, is amended by
adding Section 9.0045 to read as follows:
Sec. 9.0045. APPROVAL OF CLIMATE CHARTER OR AMENDMENT TO
CHARTER REQUIRED. Before a vote may be held under Section 9.003 or
9.004, the municipality or charter commission must receive approval
on a climate charter from the appropriate state agency with proper
jurisdiction to propose a climate charter for a municipality or an
amendment to a municipality's climate charter.
SECTION 5. A climate charter adopted before the effective
date of this Act remains valid and enforceable until January 1,
2026. Not later than January 1, 2025, municipalities that have
adopted climate charters before the effective date of this Act must
comply with the approval requirement under Section 9.0045, Local
Government Code, as added by this Act.
SECTION 6. This Act takes effect September 1, 2023.