89R15174 SCL-D
By: Johnson S.B. No. 2299
A BILL TO BE ENTITLED
AN ACT
relating to authority of a home-rule municipality to adopt a
charter, charter amendment, ordinance, or other measure affecting
the municipality's governmental immunity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.0015, Local Government Code, is
amended to read as follows:
Sec. 9.0015. DEFINITION. In this chapter, "restricted
["climate] charter provision" means a charter provision or proposed
charter amendment to a charter provision:
(1) establishing a comprehensive rule or policy
statement that purports to address climate change or the
municipality's environmental impact, including water and energy
use and air pollution; or
(2) that purports to change the municipality's
governmental immunity.
SECTION 2. Section 9.004(d), Local Government Code, is
amended to read as follows:
(d) An amendment may not:
(1) contain more than one subject; or
(2) except as provided by Section 9.0045, change a
municipality's governmental immunity.
SECTION 3. Section 9.0045, Local Government Code, is
amended to read as follows:
Sec. 9.0045. APPROVAL OF RESTRICTED [CLIMATE] CHARTER
PROVISION [OR AMENDMENT TO CHARTER] BY LEGISLATURE REQUIRED. A
municipality may not hold an election for voter approval of a
restricted [proposed climate] charter provision unless the
legislature adopts a resolution approving the restricted [proposed
climate] charter provision.
SECTION 4. Subchapter E, Chapter 51, Local Government Code,
is amended by adding Section 51.080 to read as follows:
Sec. 51.080. AUTHORITY TO CHANGE GOVERNMENTAL IMMUNITY. A
municipality may not adopt or enforce an ordinance, rule, or other
measure that purports to change the municipality's governmental
immunity unless the legislature adopts a resolution approving the
proposed ordinance, rule, or measure.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.