H.B. No. 72 seeks to strengthen state preemption over local regulations in Texas concerning commerce, trade, elections, and criminal justice, addressing the inconsistencies created by varying local ordinances. The bill clarifies that while municipalities and counties can still perform certain functions, such as road maintenance and public awareness campaigns, they must amend existing ordinances to align with new state regulations. It introduces provisions under Chapter 102A of the Civil Practice and Remedies Code, allowing private individuals or trade associations to take legal action against local governments that violate state laws, while also granting the Attorney General the authority to investigate and pursue legal remedies.

The bill includes significant amendments to existing laws, establishing that local governments are prohibited from enacting or enforcing ordinances that conflict with state law unless explicitly authorized. This preemption clause is integrated into various sections of the Election Code, Health and Safety Code, Local Government Code, and Penal Code, rendering conflicting local regulations void. Additionally, the bill outlines conditions for the release of funds to municipalities or counties that prevail in legal actions and emphasizes the severability of its provisions, ensuring that if any part is deemed invalid, the remaining sections will remain effective. The act is set to take effect 91 days after the legislative session concludes.

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