Legislative Services

Preemption emerged as a defining feature of the 2023 legislative session and continues to be a major theme in Texas politics. Two key bills discussed during this week’s Tuesday Morning Breakfast would further assert state authority over county governance.

Senate Bill 2858 by Sen. Brandon Creighton (R-Conroe) would limit counties from creating or enforcing local rules related to state election and criminal laws unless specifically allowed by state statute. The bill would also empower the attorney general to enforce compliance and impose penalties such as withholding funds and restricting local tax rates.

SB 3016, also by Creighton, would expand state preemption on local regulations. It aims to prohibit counties from adopting rules not expressly permitted by state law and would establish enforcement mechanisms, including legal actions against noncompliant counties and potential withholding of state funds.

Both bills were left pending in the Senate Business and Commerce Committee after a hearing on Tuesday.

County officials were busy weighing in on various bills this week. Johnson County Commissioner Rick Bailey, Jefferson County Judge Jeff Branick and McMullen County Judge James Teel were among the officials attending this week's Tuesday Morning Breakfast.

A selection of other bills highlighted this week:

• House Bill 19 by Morgan Meyer (R-University Park) would require counties to hold debt-related elections on the November uniform election date. It would cap annual debt service at 20% of average property tax revenue from the past three years and require standardized public notices for tax rate adoption. The bill was left pending in the House Ways and Means Committee after a Monday hearing.
• HB 4803 by Rep. David Spiller (R-Jacksboro) would establish multicounty elected district attorney offices in four regions — Northeast, Central, Southeast and South Texas. These state-funded prosecutors would have authority to reassign cases filed by local county or district attorneys. The bill had been scheduled to be heard on Wednesday in the House Judiciary and Civil Jurisprudence Committee but was withdrawn from the agenda.
• SB 503 by Sen. Charles Perry (R-Lubbock) would create a statewide electronic registry for livestock brands. The bill has passed both chambers and is now awaiting the Governor’s signature.

For a more complete look at the latest legislative actions, check out the Bills on the Move list in this newsletter. To explore all tracked bills organized by county office, visit our Bills by Office webpage.

Also, don’t miss the National Association of Counties' latest episode of The County Countdown, a biweekly video series covering federal policy issues affecting counties.

Next week’s legislative breakfast on April 29 kicks off County Government Day, the centerpiece of which is a barbecue lunch at the Capitol hosted by the Texas Association of Counties. Join us in person or online for the Tuesday Morning Breakfast at 7 a.m. Register here.