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The Texas Constitution provides that the legislature, by a two-thirds vote of all members of each house, may propose amendments revising the constitution and that proposed amendments must then be submitted for approval to the qualified voters of the state.
On Aug. 30, 2023, Travis County District Court Judge Maya Gamble agreed, declaring that HB 2127 in its entirety is unconstitutional?both on its face and as applied to the home rule provision of the constitution and local laws not otherwise pre-empted by the Texas Constitution.
Prohibit a municipality or county from adopting, enforcing, or maintaining any ordinance order, or rule that would create regulatory enforcement powers inconsistent with those explicitly maintained by the state of Texas.
11. BAIL. All prisoners shall be bailable by sufficient sureties, unless for capital offences?, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.
The Republican-backed law aims to stop local governments from enacting a wide range of progressive-leaning policies by barring cities and counties from passing local ordinances that go further than what's allowed under broad areas of state law.
HB 2127, a Texas law passed this year to empower citizens to challenge local ordinances pre-empted by state law, goes into effect today, September 1.
2127 amends the Agriculture Code, Business & Commerce Code, Finance Code, Insurance Code, Labor Code, Natural Resources Code, Occupations Code, and Property Code to preempt the municipal and county regulation of conduct in a field of regulation occupied by a provision of those codes, unless expressly authorized by ...
Amending the Texas Constitution requires two-thirds of the members of each chamber of the state legislature to adopt a proposed amendment, and only a simple majority of the voters to approve it in a constitutional amendment election.