Texas 2025 89th Regular

Texas Senate Bill SB2010 Analysis / Analysis

Filed 04/04/2025

                    BILL ANALYSIS        Senate Research Center   S.B. 2010     89R3393 AMF-F   By: Bettencourt         Local Government         4/4/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Article III, Section 52 of the Texas Constitution prohibits the legislature from making any grant or authorizing any county, city, town, or other political corporation or subdivision of the State to make a grant of public money or thing of value to any individual, association, or corporation.   Some Texas counties and cities have used federal pandemic aid assistance dollars to attempt to establish and operate a guaranteed income program, whereby cash or debit payments are distributed to individuals for unrestricted uses.   S.B. 2010 seeks to ensure the state's cities and counties comply with the state's constitutional gift prohibitions by prohibiting a political subdivision from adopting or enforcing an ordinance, order, regulation, or other measure that provides for the operation of a guaranteed income program.        As proposed, S.B. 2010 amends current law relating to the authority of a political subdivision to establish and operate a guaranteed income program.   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 Chapter 140, Local Government Code, by adding Section 140.014, as follows:    Sec. 140.014. PROHIBITION ON GUARANTEED INCOME PROGRAM. (a) Defines "guaranteed income program."   (b) Prohibits a political subdivision, unless explicitly authorized by law, from adopting or enforcing an ordinance, order, regulation, or other measure that establishes or provides for the operation of a guaranteed income program.   SECTION 2. Authorizes an ordinance, order, regulation, or other measure that establishes or provides for the operation of a guaranteed income program, as defined by Section 140.014, Local Government Code, as added by this Act, in effect before the effective date of this Act, notwithstanding that section, to be enforced until the earlier of January 1, 2026, or the expiration of the ordinance, order, regulation, or other measure.   SECTION 3. Effective date: upon passage or September 1, 2025.  

BILL ANALYSIS

 

 

Senate Research Center S.B. 2010
89R3393 AMF-F By: Bettencourt
 Local Government
 4/4/2025
 As Filed

Senate Research Center

S.B. 2010

89R3393 AMF-F

By: Bettencourt

 

Local Government

 

4/4/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Article III, Section 52 of the Texas Constitution prohibits the legislature from making any grant or authorizing any county, city, town, or other political corporation or subdivision of the State to make a grant of public money or thing of value to any individual, association, or corporation.

 

Some Texas counties and cities have used federal pandemic aid assistance dollars to attempt to establish and operate a guaranteed income program, whereby cash or debit payments are distributed to individuals for unrestricted uses.

 

S.B. 2010 seeks to ensure the state's cities and counties comply with the state's constitutional gift prohibitions by prohibiting a political subdivision from adopting or enforcing an ordinance, order, regulation, or other measure that provides for the operation of a guaranteed income program.     

 

As proposed, S.B. 2010 amends current law relating to the authority of a political subdivision to establish and operate a guaranteed income program.

 

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 Chapter 140, Local Government Code, by adding Section 140.014, as follows: 

 

Sec. 140.014. PROHIBITION ON GUARANTEED INCOME PROGRAM. (a) Defines "guaranteed income program."

 

(b) Prohibits a political subdivision, unless explicitly authorized by law, from adopting or enforcing an ordinance, order, regulation, or other measure that establishes or provides for the operation of a guaranteed income program.

 

SECTION 2. Authorizes an ordinance, order, regulation, or other measure that establishes or provides for the operation of a guaranteed income program, as defined by Section 140.014, Local Government Code, as added by this Act, in effect before the effective date of this Act, notwithstanding that section, to be enforced until the earlier of January 1, 2026, or the expiration of the ordinance, order, regulation, or other measure.

 

SECTION 3. Effective date: upon passage or September 1, 2025.