| 1 | 1 | | 89R15174 SCL-D |
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| 2 | 2 | | By: Johnson S.B. No. 2299 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to authority of a home-rule municipality to adopt a |
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| 10 | 10 | | charter, charter amendment, ordinance, or other measure affecting |
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| 11 | 11 | | the municipality's governmental immunity. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 9.0015, Local Government Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 9.0015. DEFINITION. In this chapter, "restricted |
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| 16 | 16 | | ["climate] charter provision" means a charter provision or proposed |
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| 17 | 17 | | charter amendment to a charter provision: |
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| 18 | 18 | | (1) establishing a comprehensive rule or policy |
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| 19 | 19 | | statement that purports to address climate change or the |
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| 20 | 20 | | municipality's environmental impact, including water and energy |
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| 21 | 21 | | use and air pollution; or |
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| 22 | 22 | | (2) that purports to change the municipality's |
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| 23 | 23 | | governmental immunity. |
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| 24 | 24 | | SECTION 2. Section 9.004(d), Local Government Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (d) An amendment may not: |
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| 27 | 27 | | (1) contain more than one subject; or |
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| 28 | 28 | | (2) except as provided by Section 9.0045, change a |
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| 29 | 29 | | municipality's governmental immunity. |
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| 30 | 30 | | SECTION 3. Section 9.0045, Local Government Code, is |
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| 31 | 31 | | amended to read as follows: |
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| 32 | 32 | | Sec. 9.0045. APPROVAL OF RESTRICTED [CLIMATE] CHARTER |
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| 33 | 33 | | PROVISION [OR AMENDMENT TO CHARTER] BY LEGISLATURE REQUIRED. A |
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| 34 | 34 | | municipality may not hold an election for voter approval of a |
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| 35 | 35 | | restricted [proposed climate] charter provision unless the |
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| 36 | 36 | | legislature adopts a resolution approving the restricted [proposed |
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| 37 | 37 | | climate] charter provision. |
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| 38 | 38 | | SECTION 4. Subchapter E, Chapter 51, Local Government Code, |
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| 39 | 39 | | is amended by adding Section 51.080 to read as follows: |
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| 40 | 40 | | Sec. 51.080. AUTHORITY TO CHANGE GOVERNMENTAL IMMUNITY. A |
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| 41 | 41 | | municipality may not adopt or enforce an ordinance, rule, or other |
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| 42 | 42 | | measure that purports to change the municipality's governmental |
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| 43 | 43 | | immunity unless the legislature adopts a resolution approving the |
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| 44 | 44 | | proposed ordinance, rule, or measure. |
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| 45 | 45 | | SECTION 5. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2025. |
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