Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

Legislative Summary

HB540 - (ballot preemption) - An Act relating to the submission to the attorney general of a measure proposing the enactment or repeal of a municipal ordinance - Left pending in committee - Session Adjourned

This bill requires that before a municipality can put an issue proposed by petition on a local ballot, the municipality must submit the proposal to the state Attorney General, who is given 90 days to review the proposed ordinance. A municipality may not hold an election on the proposed measure if the Attorney General determines that any portion of the proposed measure would violate the Texas or federal constitution or a state statute or rule, or would cause a governmental taking of private property.

  • Preemptive Action


  • Anti-Preemptive Clause