Texas 2023 - 88th Regular

Texas Senate Bill SB1860 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1860
2	2
3	3
4	4	AN ACT
5	5	relating to the adoption of a climate policy in a municipal charter.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Chapter 9, Local Government Code, is amended by
8	8	adding Section 9.0015 to read as follows:
9	9	Sec. 9.0015. DEFINITION. In this chapter, "climate
10	10	charter" means a charter provision or charter amendment
11	11	establishing a comprehensive rule or policy statement that purports
12	12	to address climate change or the municipality's environmental
13	13	impact, including water and energy use and air pollution.
14	14	SECTION 2. Section 9.003(a), Local Government Code, is
15	15	amended to read as follows:
16	16	(a) Except as provided by Section 9.0045, the [The] charter
17	17	prepared by the charter commission shall be submitted to the
18	18	qualified voters of the municipality at an election to be held on
19	19	the first authorized uniform election date prescribed by the
20	20	Election Code that allows sufficient time to comply with other
21	21	requirements of law and that occurs on or after the 40th day after
22	22	the date the charter commission completes its work. The governing
23	23	body of the municipality shall provide for the submission of the
24	24	charter at the election to the extent that the provisions for
25	25	submission are not prescribed by general law.
26	26	SECTION 3. Section 9.004(a), Local Government Code, is
27	27	amended to read as follows:
28	28	(a) Except as provided by Section 9.0045, the [The]
29	29	governing body of a municipality on its own motion may submit a
30	30	proposed charter amendment to the municipality's qualified voters
31	31	for their approval at an election. The governing body shall submit
32	32	a proposed charter amendment to the voters for their approval at an
33	33	election if the submission is supported by a petition signed by a
34	34	number of qualified voters of the municipality equal to at least
35	35	five percent of the number of qualified voters of the municipality
36	36	or 20,000, whichever number is the smaller.
37	37	SECTION 4. Chapter 9, Local Government Code, is amended by
38	38	adding Section 9.0045 to read as follows:
39	39	Sec. 9.0045. APPROVAL OF CLIMATE CHARTER OR AMENDMENT TO
40	40	CHARTER BY LEGISLATURE REQUIRED. A municipality may not hold an
41	41	election for voter approval of a proposed climate charter unless
42	42	the legislature adopts a resolution approving the proposed climate
43	43	charter.
44	44	SECTION 5. A climate charter adopted by a municipality
45	45	before the effective date of this Act remains valid and enforceable
46	46	until January 1, 2026. Not later than September 1, 2025, a
47	47	municipality that adopted a climate charter before the effective
48	48	date of this Act must comply with the approval requirement under
49	49	Section 9.0045, Local Government Code, as added by this Act.
50	50	SECTION 6. This Act takes effect September 1, 2023.
51	51	______________________________ ______________________________
52	52	President of the Senate Speaker of the House
53	53	I hereby certify that S.B. No. 1860 passed the Senate on
54	54	May 9, 2023, by the following vote: Yeas 18, Nays 13; and that the
55	55	Senate concurred in House amendment on May 17, 2023, by the
56	56	following vote: Yeas 18, Nays 13.
57	57	______________________________
58	58	Secretary of the Senate
59	59	I hereby certify that S.B. No. 1860 passed the House, with
60	60	amendment, on May 12, 2023, by the following vote: Yeas 101,
61	61	Nays 41, two present not voting.
62	62	______________________________
63	63	Chief Clerk of the House
64	64	Approved:
65	65	______________________________
66	66	Date
67	67	______________________________
68	68	Governor