The bill establishes state preemption over municipal and county regulations concerning commerce, trade, elections, and criminal justice, asserting that local jurisdictions cannot create conflicting regulations that diverge from state laws. While municipalities and counties retain certain powers, such as maintaining roads and conducting public awareness campaigns, they are restricted from imposing regulations that contradict state laws. The bill introduces new legal provisions under Chapter 102A of the Civil Practice and Remedies Code, allowing individuals or trade associations harmed by local ordinances that violate state laws to initiate private actions. It also grants the Attorney General the authority to investigate and act against municipalities or counties for such violations, including the potential withholding of state funds.

Furthermore, the bill amends existing laws to reinforce the preemption of local ordinances by state law, prohibiting municipalities and counties from adopting or enforcing any regulations in areas already governed by state provisions unless explicitly authorized by another statute. 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 municipalities or counties, ensuring that the comptroller releases any balances 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 will still be effective, and the act is set to take effect 91 days after the legislative session concludes.

Statutes affected:
Introduced: Penal Code 1.08 (Penal Code 1)