S.B. No. 1059 amends the Local Government Code to clarify the authority of home-rule municipalities regarding proposed charter amendments. The bill specifies that while a municipality's governing body can submit a proposed charter amendment to voters, it cannot do so if the amendment's provisions would conflict with state law. This is established through the addition of Section 9.0041, which explicitly states that the governing body may not submit such amendments for voter approval if they are contrary to state law.
Additionally, the bill modifies Section 9.004(a) by including references to the new Section 9.0041 and removing the reference to Section 9.0045. The overall intent of the legislation is to ensure that local governance remains compliant with state regulations while still allowing municipalities the ability to propose changes to their charters, provided those changes do not contradict state law. The act is set to take effect on September 1, 2025.
Statutes affected: Introduced: Local Government Code 9.004 (Local Government Code 9)
Senate Committee Report: Local Government Code 9.004 (Local Government Code 9)