| |
| |
| |
|
|
AN ACT
|
|
|
relating to the adoption of a climate policy in a municipal charter. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 9, Local Government Code, is amended by |
|
|
adding Section 9.0015 to read as follows: |
|
|
Sec. 9.0015. DEFINITION. In this chapter, "climate |
|
|
charter" means a charter provision or charter amendment |
|
|
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. |
|
|
SECTION 2. Section 9.003(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section 9.0045, the [The] charter |
|
|
prepared by the charter commission shall be submitted to the |
|
|
qualified voters of the municipality at an election to be held on |
|
|
the first authorized uniform election date prescribed by the |
|
|
Election Code that allows sufficient time to comply with other |
|
|
requirements of law and that occurs on or after the 40th day after |
|
|
the date the charter commission completes its work. The governing |
|
|
body of the municipality shall provide for the submission of the |
|
|
charter at the election to the extent that the provisions for |
|
|
submission are not prescribed by general law. |
|
|
SECTION 3. Section 9.004(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section 9.0045, the [The] |
|
|
governing body of a municipality on its own motion may submit a |
|
|
proposed charter amendment to the municipality's qualified voters |
|
|
for their approval at an election. The governing body shall submit |
|
|
a proposed charter amendment to the voters for their approval at an |
|
|
election if the submission is supported by a petition signed by a |
|
|
number of qualified voters of the municipality equal to at least |
|
|
five percent of the number of qualified voters of the municipality |
|
|
or 20,000, whichever number is the smaller. |
|
|
SECTION 4. Chapter 9, Local Government Code, is amended by |
|
|
adding Section 9.0045 to read as follows: |
|
|
Sec. 9.0045. APPROVAL OF CLIMATE CHARTER OR AMENDMENT TO |
|
|
CHARTER BY LEGISLATURE REQUIRED. A municipality may not hold an |
|
|
election for voter approval of a proposed climate charter unless |
|
|
the legislature adopts a resolution approving the proposed climate |
|
|
charter. |
|
|
SECTION 5. A climate charter adopted by a municipality |
|
|
before the effective date of this Act remains valid and enforceable |
|
|
until January 1, 2026. Not later than September 1, 2025, a |
|
|
municipality that adopted a climate charter before the effective |
|
|
date of this Act must comply with the approval requirement under |
|
|
Section 9.0045, Local Government Code, as added by this Act. |
|
|
SECTION 6. This Act takes effect September 1, 2023. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1860 passed the Senate on |
|
|
May 9, 2023, by the following vote: Yeas 18, Nays 13; and that the |
|
|
Senate concurred in House amendment on May 17, 2023, by the |
|
|
following vote: Yeas 18, Nays 13. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1860 passed the House, with |
|
|
amendment, on May 12, 2023, by the following vote: Yeas 101, |
|
|
Nays 41, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |