S.B. No. 1860
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 a charter provision or charter amendment
establishing a comprehensive rule or policy statement that purports
to address climate change or the municipality's environmental
impact, including water and energy use and air pollution.
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 BY LEGISLATURE REQUIRED. A municipality may not hold an
election for voter approval of a proposed climate charter unless
the legislature adopts a resolution approving the proposed climate
charter.
SECTION 5. A climate charter adopted by a municipality
before the effective date of this Act remains valid and enforceable
until January 1, 2026. Not later than September 1, 2025, a
municipality that adopted a climate charter 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1860 passed the Senate on
May 9, 2023, by the following vote: Yeas 18, Nays 13; and that the
Senate concurred in House amendment on May 17, 2023, by the
following vote: Yeas 18, Nays 13.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1860 passed the House, with
amendment, on May 12, 2023, by the following vote: Yeas 101,
Nays 41, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor