BILL ANALYSIS Senate Research Center S.B. 1059 89R8354 JBD-D By: Parker et al. Local Government 3/14/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In Texas, cities derive their powers from the state, but home-rule municipalitiescities with populations over 5,000 that adopt their own chartershave broad authority unless limited by state law. Over the past decade, home-rule cities have increasingly proposed charter amendments that directly contradict state law, creating legal conflicts and requiring state intervention. In 2018-2019, Austin and San Antonio attempted to pass local ordinances requiring private employers to provide paid sick leave, despite no such mandate in Texas law. Courts ruled the ordinances unconstitutional, and the legislature passed clarifying legislation in 2019. In 2019-2021, Austin City Council voted to allow homeless camping, defying state law on public camping restrictions. A voter referendum later reinstated the ban, and the legislature passed clarifying legislation in 2021. In 2024, Dallas passed a charter amendment decriminalizing marijuana possession up to four ounces and prohibiting police from using its smell as probable cause. However, Texas law still classifies possession of under two ounces as a Class B misdemeanor, punishable by jail time and fines. S.B. 1059 directly addresses this state vs. local authority conflict by prohibiting municipalities from submitting charter amendments that contradict state law. As proposed, S.B. 1059 amends current law relating to the authority of the governing body of a home-rule municipality to submit a proposed charter amendment to the voters for approval if application of the provisions of the amendment would be contrary to state law. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 9.004(a), Local Government Code, to create an exception under Section 9.0041. SECTION 2. Amends Chapter 9, Local Government Code, by adding Section 9.0041, as follows: Sec. 9.0041. AUTHORITY TO PROPOSE CHARTER AMENDMENT CONTRARY TO STATE LAW. Prohibits the governing body of a home-rule municipality from submitting a proposed charter amendment to the voters for approval if application of the provisions of the amendment would be contrary to state law. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1059
89R8354 JBD-D By: Parker et al.
Local Government
3/14/2025
As Filed
Senate Research Center
S.B. 1059
89R8354 JBD-D
By: Parker et al.
Local Government
3/14/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In Texas, cities derive their powers from the state, but home-rule municipalitiescities with populations over 5,000 that adopt their own chartershave broad authority unless limited by state law.
Over the past decade, home-rule cities have increasingly proposed charter amendments that directly contradict state law, creating legal conflicts and requiring state intervention.
In 2018-2019, Austin and San Antonio attempted to pass local ordinances requiring private employers to provide paid sick leave, despite no such mandate in Texas law. Courts ruled the ordinances unconstitutional, and the legislature passed clarifying legislation in 2019.
In 2019-2021, Austin City Council voted to allow homeless camping, defying state law on public camping restrictions. A voter referendum later reinstated the ban, and the legislature passed clarifying legislation in 2021.
In 2024, Dallas passed a charter amendment decriminalizing marijuana possession up to four ounces and prohibiting police from using its smell as probable cause. However, Texas law still classifies possession of under two ounces as a Class B misdemeanor, punishable by jail time and fines.
S.B. 1059 directly addresses this state vs. local authority conflict by prohibiting municipalities from submitting charter amendments that contradict state law.
As proposed, S.B. 1059 amends current law relating to the authority of the governing body of a home-rule municipality to submit a proposed charter amendment to the voters for approval if application of the provisions of the amendment would be contrary to state law.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 9.004(a), Local Government Code, to create an exception under Section 9.0041.
SECTION 2. Amends Chapter 9, Local Government Code, by adding Section 9.0041, as follows:
Sec. 9.0041. AUTHORITY TO PROPOSE CHARTER AMENDMENT CONTRARY TO STATE LAW. Prohibits the governing body of a home-rule municipality from submitting a proposed charter amendment to the voters for approval if application of the provisions of the amendment would be contrary to state law.
SECTION 3. Effective date: September 1, 2025.