Texas 2025 - 89th 1st C.S.

Texas House Bill HB103

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

Caption

Relating to state preemption of certain municipal and county regulation.

Impact

The implications of HB 103 are significant as it modifies existing laws related to municipal and county regulations by providing a clear authority structure whereby state regulations take precedence. This legislates that local governments cannot adopt or maintain ordinances that contradict state provisions unless specifically authorized. Such measures are aimed at reducing the regulatory burden on businesses while ensuring compliance with established state laws. However, this may restrict local governments' ability to address community-specific needs and issues, particularly in areas like public health and safety.

Summary

House Bill 103 proposes the state preemption of certain municipal and county regulations, establishing that the state has historically been the exclusive regulator of areas such as commerce, trade, elections, and criminal justice. The bill seeks to alleviate the inconsistencies caused by local jurisdictions creating their regulations that diverge from state law, thereby promoting a uniform regulatory environment throughout Texas. The intention is to ensure that local rules do not create a patchwork of regulations that hinder business operations and consistency across the state.

Contention

Discussion around HB 103 has revealed considerable contention. Supporters argue that it simplifies compliance for businesses and fosters economic growth by removing regulatory inconsistencies. Critics, however, express concerns over the potential erosion of local control, arguing that it undermines communities' ability to enact regulations tailored to their unique circumstances. There are fears that the bill may limit local governments' flexibility in addressing urgent issues like health crises or environmental concerns, leading to a one-size-fits-all approach that may not serve local interests effectively.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 102. Tort Claims Payments By Local Governments
    • Section: New Section

Election Code

  • Chapter 1. General Provisions
    • Section: New Section

Health And Safety Code

  • Chapter 1. General Provisions
    • Section: New Section

Local Government Code

  • Chapter 250. Miscellaneous Regulatory Authority
    • Section: New Section

Penal Code

  • Chapter 1. General Provisions
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX SB2858

Relating to state preemption of certain municipal and county regulation.

TX SB814

Relating to state preemption of certain municipal and county regulation.

TX HB5203

Relating to state preemption of certain municipal and county regulation.

TX HB2127

Relating to state preemption of and the effect of certain state or federal law on certain municipal and county regulation.

TX HB5612

Relating to state preemption of certain municipal and county regulation.

TX SB3016

Relating to state preemption of municipal and county regulation on land use, structures, businesses, and related activities and municipal boundaries and annexation.

TX HB5042

Relating to state preemption of and the effect of certain state health and safety laws on certain municipal and county regulations, including a law providing that an elephant is a dangerous wild animal.

TX HB369

Relating to the authority of a municipality to regulate the number of dwellings allowed on certain property.

TX HB2156

Relating to state and local authority to regulate the food service industry.

TX SB1008

Relating to state and local authority to regulate the food service industry.

Similar Bills

TX SB2963

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.

TX HB5266

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.

TX SB2858

Relating to state preemption of certain municipal and county regulation.

TX SB3016

Relating to state preemption of municipal and county regulation on land use, structures, businesses, and related activities and municipal boundaries and annexation.

WI AB1157

Abrogating the common law and codifying the law of public nuisance. (FE)

TX SB2207

Relating to the requirement that a right-of-way agent obtain a license from the Texas Real Estate Commission; expanding an occupational regulation.

TX HB4618

Relating to the requirement that a right-of-way agent obtain a license from the Texas Real Estate Commission; expanding an occupational regulation.

TX HB4635

Relating to organized crime, racketeering activities, and collection of unlawful debts; providing a civil penalty; creating criminal offenses.