Texas 2025 - 89th Regular

Texas Senate Bill SB1059

Filed
2/3/25  
Out of Senate Committee
3/25/25  
Voted on by Senate
4/10/25  
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

The implications of SB1059 on state laws are significant. By restricting the submission of charter amendments that conflict with state regulations, the bill effectively centralizes authority within state governance, minimizing local autonomy. This could limit the ability of municipalities to tailor their governance to local needs or circumstances that deviate from state-level policies. The bill could lead to fewer local initiatives aimed at addressing community-specific issues, as local governments would have to operate within a stricter framework governed by state law.

Summary

SB1059 seeks to amend the Local Government Code regarding the authority of home-rule municipalities in Texas. Specifically, it addresses the ability of local governing bodies to submit proposed charter amendments to voters if such amendments would conflict with state law. The bill establishes that a municipality's governing body cannot submit a charter amendment for voter approval if the provisions of that amendment are contrary to state law. This change aims to reinforce the supremacy of state law over local government regulations, ensuring consistency and adherence across municipalities.

Sentiment

Sentiment regarding SB1059 appears mixed. Proponents argue that the bill is essential for maintaining order and consistency in governance across Texas, preventing localities from enacting potentially conflicting regulations that could confuse residents and businesses. However, opponents criticize it as an erosion of local control and democratic processes, emphasizing that local governments are better positioned to understand and respond to the unique needs of their communities. The balance of power between state and local governance remains a focal point in discussions surrounding this legislation.

Contention

The main points of contention surrounding SB1059 include the debate over local versus state authority. Opponents assert that the bill undermines local governance and disregards the principle of home-rule, which allows municipalities to manage their own affairs in alignment with local constituent interests. On the other hand, supporters contend that a uniform approach to governing provides clarity and prevent divergence from state policies, fostering a cohesive regulatory environment. This ongoing struggle reflects broader themes in legislative discussions about the limits of local authority versus necessary state oversight.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 9. Home-rule Municipality
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Companion Bills

No companion bills found.

Previously Filed As

TX SJR33

Proposing a constitutional amendment to require that future constitutional amendments become effective only if approved by a majority of the voters in at least three-fourths of the counties of the state.

TX SJR57

Proposing a constitutional amendment authorizing the legislature to provide for legislative review and approval of state agency rules.

TX HB866

Relating to approval of certain land development applications by a municipality or county.

TX HB2714

Relating to the authority of the officer or employee designated by the governing body of a municipality to calculate certain ad valorem tax rates of the municipality to recalculate those rates.

TX SJR31

Proposing a constitutional amendment authorizing the governing body of a political subdivision other than a school district to adopt an exemption from ad valorem taxation of a portion, expressed as a dollar amount, of the market value of an individual's residence homestead.

TX HB4701

Relating to the review of ballot proposition language for certain elections held by home-rule municipalities.

TX SJR20

Proposing a constitutional amendment authorizing the governing body of a political subdivision to adopt an exemption from ad valorem taxation of a portion, expressed as a dollar amount, of the market value of an individual's residence homestead.

TX SB1251

Relating to the authority of the governing body of a school district to adopt an ad valorem tax rate that exceeds the district's voter-approval tax rate.

TX SB1324

Relating to the effect of an election at which the voters fail to approve or vote to reduce the ad valorem tax rate adopted by the governing body of a taxing unit.

TX HJR31

Proposing a constitutional amendment requiring elections on proposed amendments to the Texas Constitution to be held in November of even-numbered years.

Similar Bills

No similar bills found.