Texas Senate Considers Bill to Restore Dallas’ Governmental Immunity

The Texas Senate is considering a bill to restore Dallas’ governmental immunity, which voters stripped in November. Senate Bill 2299 amends the Local Government Code to clarify the authority of home-rule municipalities regarding their governmental immunity. The bill stipulates a charter amendment cannot contain more than one subject and cannot change a municipality’s governmental immunity unless it has received prior approval from the legislature.

Background on Senate Bill 2299

The bill was introduced by Sen. Nathan Johnson, D-Dallas, in reaction to Proposition S, which Dallas residents approved in the November election. Proposition S requires the city to waive its governmental immunity and allow any resident to file a lawsuit alleging the municipal government isn’t complying with the charter, local ordinances, or state law.

Related: Texas Senate advances bill that gives Dallas more oversight over police, fire pension

Concerns Over Frivolous Lawsuits

“Essentially, we’re opening the flood gates [with Proposition S] to frivolous lawsuits and rendering cities unable to perform the functions that they must perform,” Johnson said. The charter amendment defines a “resident” as a person who lives within the city limits or any firm, corporation, limited liability company, joint venture, trust, estate, nonprofit or association either physically located in Dallas or conducting business in the city.

The plaintiff must provide the municipal government with at least 60 days’ notice before filing legal action and “reasonably describe” the part of the charter, city ordinance or state law they believe has been violated, according to Proposition S.

Support and Opposition for the Bill

Dallas Council member Paula Blackmon testified Monday in support of the bill. She said her district was on notice of being sued because of the way the city applied pesticides in White Rock Lake. After Proposition S passed, it became easier to sue instead of talking, Blackmon said.

“We have budgets, we have constraints. We have only a certain amount of money. We have many things that need to be addressed,” Blackmon said. “When it’s not happening fast enough, people feel they’re not being heard and turn to the court system.”

Former Dallas Mayor Mike Rawlings, Nicholas Palmer with the Dallas City Attorney’s office and Andrea Coker with North Texas Commission also spoke in favor of the bill.

Monty Bennett, a hotel mogul and publisher of The Dallas Express, spoke against the bill. “This amendment [Proposition S] empowers citizens to hold their government to its promises, foster transparency and trust,” Bennett said. “I believe this body should allow the existing situation to stand and not pass this new law.”

Criticism of the Bill

Damien LeVeck, executive director of Dallas HERO, the nonprofit that backed Proposition S, said the bill is “a gross example of government overreach.”

SB 2299 establishes that municipalities cannot hold elections for voter approval of restricted charter provisions without a legislative resolution endorsing such provisions.

Current Status of the Bill

“State government sovereign immunity is extended to the cities. The voters can’t undo that,” Johnson said to The Dallas Morning News.

The bill is currently under consideration by the Senate State Local Government Committee.

Conclusion

The Texas Senate’s consideration of Senate Bill 2299 has sparked a debate about the balance between governmental immunity and the ability of citizens to hold their government accountable. While some argue that Proposition S has opened the floodgates to frivolous lawsuits, others see it as a necessary measure to ensure transparency and trust in government.

Frequently Asked Questions

What is Senate Bill 2299?

Senate Bill 2299 is a bill that amends the Local Government Code to clarify the authority of home-rule municipalities regarding their governmental immunity.

What is Proposition S?

Proposition S is a charter amendment that requires the city to waive its governmental immunity and allow any resident to file a lawsuit alleging the municipal government isn’t complying with the charter, local ordinances, or state law.

Why was Senate Bill 2299 introduced?

Senate Bill 2299 was introduced in reaction to Proposition S, which Dallas residents approved in the November election.

What are the implications of Senate Bill 2299?

The bill establishes that municipalities cannot hold elections for voter approval of restricted charter provisions without a legislative resolution endorsing such provisions, and it may limit the ability of citizens to file lawsuits against the government.