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A BILL TO BE ENTITLED
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AN ACT
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relating to authority of a home-rule municipality to adopt a |
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charter, charter amendment, ordinance, or other measure affecting |
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the municipality's governmental immunity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.0015, Local Government Code, is |
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amended to read as follows: |
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Sec. 9.0015. DEFINITION. In this chapter, "restricted |
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["climate] charter provision" means a charter provision or proposed |
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charter amendment to a charter provision: |
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(1) establishing a comprehensive rule or policy |
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statement that purports to address climate change or the |
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municipality's environmental impact, including water and energy |
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use and air pollution; or |
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(2) that purports to change the municipality's |
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governmental immunity. |
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SECTION 2. Section 9.004(d), Local Government Code, is |
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amended to read as follows: |
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(d) An amendment may not: |
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(1) contain more than one subject; or |
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(2) except as provided by Section 9.0045, change a |
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municipality's governmental immunity. |
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SECTION 3. Section 9.0045, Local Government Code, is |
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amended to read as follows: |
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Sec. 9.0045. APPROVAL OF RESTRICTED [CLIMATE] CHARTER |
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PROVISION [OR AMENDMENT TO CHARTER] BY LEGISLATURE REQUIRED. A |
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municipality may not hold an election for voter approval of a |
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restricted [proposed climate] charter provision unless the |
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legislature adopts a resolution approving the restricted [proposed |
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climate] charter provision. |
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SECTION 4. Subchapter E, Chapter 51, Local Government Code, |
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is amended by adding Section 51.080 to read as follows: |
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Sec. 51.080. AUTHORITY TO CHANGE GOVERNMENTAL IMMUNITY. A |
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municipality may not adopt or enforce an ordinance, rule, or other |
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measure that purports to change the municipality's governmental |
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immunity unless the legislature adopts a resolution approving the |
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proposed ordinance, rule, or measure. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |