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TX SB2858
Bill
Status
4/30/2025
Primary Sponsor
Charles Creighton
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AI Summary
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Prohibits municipalities and counties from adopting or enforcing ordinances, orders, or rules in fields already regulated by state law, including the Election Code, Health and Safety Code, Penal Code, and several other state codes unless expressly authorized by statute
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Allows any person, business entity, or trade association that suffers actual or threatened injury from a local regulation violating state preemption laws to sue the municipality or county for declaratory and injunctive relief plus attorney's fees, with governmental immunity waived for such claims
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Authorizes the Attorney General to investigate and bring enforcement actions against municipalities or counties that violate state preemption laws, with expedited trial procedures requiring initial hearings within 30 days and trials within 90 days
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Imposes severe financial penalties on municipalities and counties during and after adverse Attorney General enforcement actions, including withholding of local sales tax payments, prohibition on adopting tax rates above the no-new-revenue rate, budget freezes, and denial of state grant funds for five fiscal years following an adverse judgment
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Grants the Texas Supreme Court exclusive original jurisdiction over constitutional challenges to the Act and gives the Fifteenth Court of Appeals exclusive intermediate appellate jurisdiction over Attorney General enforcement actions
Legislative Description
Relating to state preemption of certain municipal and county regulation.
State Finances
Last Action
Placed on General State Calendar
5/27/2025