The bill establishes state preemption over municipal and county regulations in areas such as commerce, trade, elections, and criminal justice, asserting the state's exclusive regulatory authority in these domains. While municipalities and counties retain certain powers, such as road construction and public awareness campaigns, they are restricted from imposing conflicting regulations. The bill introduces new legal provisions under Chapter 102A of the Civil Practice and Remedies Code, allowing individuals or trade associations harmed by local regulations that violate state laws to take private action. It also empowers the Attorney General to investigate and act against municipalities or counties for such violations, detailing the procedures and burden of proof for defending entities.
Furthermore, the bill amends existing laws to prohibit local governments from adopting or enforcing ordinances that regulate conduct in areas already covered by state law unless explicitly authorized. This preemption clause is incorporated into various sections of the Election Code, Health and Safety Code, Local Government Code, and Penal Code, rendering conflicting local regulations void. The bill also includes provisions for the resolution of legal actions in favor of local governments, ensuring the release of funds held in suspense accounts if they prevail. It emphasizes the severability of its provisions, ensuring that if any part is deemed invalid, the remaining sections remain effective, and it is set to take effect 91 days after the legislative session concludes.
Statutes affected: Introduced: Penal Code 1.08 (Penal Code 1)