Texas House Bill HB5042

Texas 2025 - 89th Regular

• Filed: 3/13/25

Caption

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.

Impact

If enacted, HB5042 will significantly change the landscape of local governance in Texas. Local municipalities will lose the power to create regulations that exceed or differ from state mandates, specifically in areas already governed by these state health and safety codes. Such a move could standardize regulations across Texas, potentially simplifying compliance for residents and businesses alike, but it may also curtail local autonomy to address unique community needs.

Summary

House Bill 5042 seeks to provide a state preemption over certain municipal and county regulations regarding health and safety laws. Central to this bill is the classification of specific wild animals as dangerous, notably including elephants. The legislation aims to streamline regulatory authority by ensuring that if a municipal or county ordinance conflicts with state law, the state law will prevail. This is set to impact how local governments can enact and enforce regulations on issues such as public safety and animal control.

Contention

The bill may face contention primarily from local governments that argue it undermines their ability to protect their communities by enforcing local regulations tailored to specific circumstances. Opponents might express concerns about public safety, especially regarding the management of dangerous wild animals, arguing that local knowledge and priorities should guide regulations instead of blanket state mandates.

Additional_note

HB5042 is set to take effect on September 1, 2025, provided it passes the legislative process. Observers will be keen to see how the discussions evolve, particularly regarding the implications for municipal governments and the welfare of local communities.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

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

Agriculture Code

• Chapter 1. General Provisions
  • Section: New Section

Finance Code

• Chapter 1. General Provisions
  • Section: New Section

Health And Safety Code

• Chapter 1. General Provisions
  • Section: New Section

Insurance Code

• Chapter 30. General Provisions
  • Section: New Section

Labor Code

• Chapter 1. General Provisions
  • Section: New Section

Local Government Code

• Chapter 229. Miscellaneous Regulatory Authority Of Municipalities
  • Section: 901

Natural Resources Code

• Chapter 1. General Provisions
  • Section: New Section

Occupations Code

• Chapter 1. General Provisions
  • Section: New Section

Property Code

• Chapter 1. General Provisions
  • Section: New Section