BILL ANALYSIS

Senate Research Center	S.B. 2299
89R15174 SCL-D	By: Johnson
	Local Government
	4/25/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

On November 5, 2024, residents of the City of Dallas voted on 18 charter propositions. Among those passed was Proposition S, which waived the municipality's governmental immunity from suits and liability in claims. Proposition S also entitles claimants to seek declaratory and injunctive relief against the city. Organizations like Dallas HERO argue that this charter amendment empowers residents to hold the city accountable. 

Under current law, governmental immunity protects a political subdivision such as a city or county against frivolous suits that require substantial legal and financial resources. As the Texas Supreme Court reaffirmed in 2016, "Texas is inviolably sovereign." Governmental immunity protects taxpayer dollars from being siphoned from the government to an individual or interested group, especially as cities face increasing budget deficits and shortfalls. Additionally, a municipality is already extensively liable for damages arising from governmental duties under the Texas Tort Claims Act.

S.B. 2299 amends Section 9.004(d), Section 9.0015, and Chapter 51 of the Local Government Code, to clarify that governmental immunity is established through the legislature. This bill standardizes this authority for all home-rule municipalities and requires that changes to governmental immunity shall not be changed through charter amendments by a municipality.  

As proposed, S.B. 2299 amends current law relating to authority of a home-rule municipality to adopt a charter, charter amendment, ordinance, or other measure affecting the municipality's governmental immunity.

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 Section 9.0015, Local Government Code, to define "restricted charter provision" and to deletes the existing definition of "climate charter."

SECTION 2. Amends Section 9.004(d), Local Government Code, to prohibit an amendment to a municipal charter, except as provided by Section 9.00045 (Approval of Climate Charter or Amendment to Charter by Legislature Required), from changing a municipality's governmental immunity and to make nonsubstantive changes.

SECTION 3. Amends Section 9.0045, Local Government Code, as follows:

Sec. 9.0045. New heading: APPROVAL OF RESTRICTED CHARTER PROVISION BY LEGISLATURE REQUIRED. Makes conforming changes to this section.

SECTION 4.� Amends Subchapter E, Chapter 51, Local Government Code, by adding Section 51.080, as follows:

Sec. 51.080.� AUTHORITY TO CHANGE GOVERNMENTAL IMMUNITY. Prohibits a municipality from adopting or enforcing 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. Effective date: upon passage or September 1, 2025.