Relating to the authority of a political subdivision to use public money for an environmental project.

89(R) HB 4313 - House Committee Report version - Bill Text

89R22993 JBD-D

By: Bell of Montgomery

H.B. No. 4313

Substitute the following for H.B. No. 4313:

By: Bell of Montgomery

C.S.H.B. No. 4313

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a political subdivision to use public

money for an environmental project.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 140, Local Government Code, is amended

by adding Section 140.014 to read as follows:

Sec.

140.014.

AUTHORITY TO USE PUBLIC MONEY FOR

ENVIRONMENTAL PROJECT. (a) In this section:

(1)

"Environmental project" means a project to reduce

greenhouse gas emissions, reduce the amount of pollutants reaching

the environment, or create public awareness of those or related

issues.

(2)

"Political subdivision" means a county,

municipality, public school district, special purpose district or

authority, metropolitan or regional transit authority, port

authority, regional council of governments, regional planning

commission, county improvement district, or public improvement

district.

(b)

A political subdivision may not use public money to

plan, create, or operate an environmental project, including by

directly spending money for the project or by dedicating money for

the repayment of debt issued by the political subdivision for the

project.

The prohibition prescribed by this subsection applies to

public money obtained from any source, including from a tax, fee,

grant, or donation.

(c)

Subsection (b) does not apply to a political

subdivision's use of public money to:

(1) comply with a state or federal law;

(2)

satisfy a statutory duty imposed on the political

subdivision, including for a project described by this subsection;

(3)

improve flood control, drainage, or water

supplies;

(4)

implement a water conservation or drought

contingency measure;

(5)

construct or operate a renewable energy

infrastructure project that provides direct service to a facility

owned or operated by the political subdivision;

(6)

improve the energy efficiency or resilience of a

facility owned or operated by the political subdivision;

(7)

manage vegetation necessary to maintain public

safety, protect infrastructure, prevent wildfires, or support

flood and water management activities;

(8)

engage in water quality, conservation, or resource

management activities;

(9)

implement roadway maintenance, erosion control,

or infrastructure safety improvements necessary for public

transportation or road durability, other than a project to

construct or maintain electric vehicle charging stations,

alternative fuel infrastructure, or projects aimed at reducing

vehicle emissions;

(10)

carry out environmental or energy efficiency

initiatives in public schools, colleges, hospitals, and health care

facilities necessary to meet operational or statutory

requirements; or

(11) manage waste disposal or sanitation services.

SECTION 2. This Act takes effect September 1, 2025.