Texas House Bill HB5266

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

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.

Impact

The implementation of HB 5266 could significantly alter the power dynamics between state and local governments in Texas. By empowering the Attorney General to investigate and take action against local governments, the bill may deter local entities from undertaking actions that could lead to legal violations. It establishes a clearer framework under which local governments are held accountable, with specific mechanisms for investigation and resolution of alleged violations. This law is set to take effect on September 1, 2025, indicating a future shift in enforcement practices.

Summary

House Bill 5266 establishes the authority for the Texas Attorney General to investigate alleged violations of laws by local governments, which include municipalities and counties. The bill permits the Attorney General to take legal action against these local entities if it is determined that they have violated state laws. This measure aims to enhance state oversight over local governments and ensure compliance with legal standards.

Contention

One notable concern surrounding this bill is the potential for conflict between state and local governance. Critics may argue that this law could lead to state overreach into local matters, stripping municipalities and counties of their autonomy to self-govern. The provisions that restrict local governments from adopting tax rates exceeding their 'no-new-revenue tax rate' during enforcement actions can also be viewed as punitive, limiting local revenue-generating capabilities and potentially impacting essential local services and projects. The balance of authority in governance is likely to be a point of contention as stakeholders assess the implications of this legislation.

Texas Constitutional Statutes Affected

Government Code

• Chapter 402. Attorney General
  • Section: New Section