BILL ANALYSIS

C.S.H.B. 5356

By: Lujan

Intergovernmental Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In 2024, the City of San Antonio banned its horse carriage industry, effective January 1, 2030, following a multi-year phase out. According to local news reporting on the ban, there are five San Antonio-based horse carriage companies currently in operation, and horse carriages have operated in and been regulated by the city since 1865. The bill author has informed the committee that carriage rides are an integral part of San Antonio tourism, especially around the Alamo which received $400 million from the state in 2023 to improve and attract more visitors. The bill author has also informed the committee that not only would this ban harm horse carriage companies and their drivers, with the horses most likely auctioned to the highest bidder, but that the slippery slope of banning working animal industries and agritourism threatens other similar industries, such as rodeo, livestock shows, mounted patrol or police working dogs, pets, and even animal-based agriculture. C.S.H.B. 5356 seeks to address this issue by prohibiting a municipality from banning or limiting a person from engaging in an activity involving a horse-drawn carriage, with certain exceptions.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 5356 amends the Local Government Code to prohibit a municipality from adopting or enforcing an ordinance, regulation, or other measure that prohibits or limits a person from engaging in an activity involving a horse-drawn carriage, regardless of whether the activity is for a business, educational, or entertainment purpose. This prohibition does not apply to an ordinance, regulation, or other measure that meets the following criteria:

· was adopted before October 1, 2024;

· effects veterinary care, city inspections, or enforcement of state animal cruelty laws; or

· relates to the maximum or minimum temperature at which a person may engage in an activity involving a horse-drawn carriage.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 5356 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision not in the introduced exempting an ordinance, regulation, or other measure that meets specified criteria from the bill's prohibition.