Bill Text: TX HB235 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the date on which a home rule municipality may order an election for proposed charter amendments.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2021-08-25 - Filed [HB235 Detail]
Download: Texas-2021-HB235-Introduced.html
| By: Burrows | H.B. No. 235 | |
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| relating to the date on which a home rule municipality may order an | ||
| election for proposed charter amendments. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 9.004, Local Government Code, is amended | ||
| to read as follows: | ||
| Sec. 9.004. CHARTER AMENDMENTS. (a) The governing body of | ||
| a municipality on its own motion may submit a proposed charter | ||
| amendment to the municipality's qualified voters for their approval | ||
| at an election. The governing body shall submit a proposed charter | ||
| amendment to the voters for their approval at an election if the | ||
| submission is supported by a petition signed by a number of | ||
| qualified voters of the municipality equal to at least five percent | ||
| of the number of qualified voters of the municipality or 20,000, | ||
| whichever number is the smaller. | ||
| (b) The ordinance ordering the election shall provide for | ||
| the election to be held on earlier of the first authorized uniform | ||
| election date prescribed by the Election Code, |
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| the date of the next municipal general election, or the date of the | ||
| next presidential general election. The election date must allow | ||
| sufficient time to comply with other requirements of law and must | ||
| occur on or after the 30th day after the date the ordinance is | ||
| adopted. | ||
| (c) Notice of the election shall be published in a newspaper | ||
| of general circulation published in the municipality. The notice | ||
| must: | ||
| (1) include a substantial copy of the proposed | ||
| amendment; | ||
| (2) include an estimate of the anticipated fiscal | ||
| impact to the municipality if the proposed amendment is approved at | ||
| the election; and | ||
| (3) be published on the same day in each of two | ||
| successive weeks, with the first publication occurring before the | ||
| 14th day before the date of the election. | ||
| (d) An amendment may not contain more than one subject. | ||
| (e) The ballot shall be prepared so that a voter may approve | ||
| or disapprove any one or more amendments without having to approve | ||
| or disapprove all of the amendments. | ||
| (f) The requirement imposed by Subsection (c)(2) does not | ||
| waive governmental immunity for any purpose and a person may not | ||
| seek injunctive relief or any other judicial remedy to enforce the | ||
| estimate of the anticipated fiscal impact on the municipality. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
