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A BILL TO BE ENTITLED
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AN ACT
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relating to the date on which a home rule municipality may order an |
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election for proposed charter amendments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.004, Local Government Code, is amended |
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to read as follows: |
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Sec. 9.004. CHARTER AMENDMENTS. (a) The governing body of |
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a municipality on its own motion may submit a proposed charter |
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amendment to the municipality's qualified voters for their approval |
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at an election. The governing body shall submit a proposed charter |
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amendment to the voters for their approval at an election if the |
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submission is supported by a petition signed by a number of |
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qualified voters of the municipality equal to at least five percent |
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of the number of qualified voters of the municipality or 20,000, |
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whichever number is the smaller. |
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(b) The ordinance ordering the election shall provide for |
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the election to be held on earlier of the first authorized uniform |
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election date prescribed by the Election Code,or on the earlier of |
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the date of the next municipal general election, or the date of the |
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next presidential general election. The election date must allow |
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sufficient time to comply with other requirements of law and must |
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occur on or after the 30th day after the date the ordinance is |
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adopted. |
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(c) Notice of the election shall be published in a newspaper |
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of general circulation published in the municipality. The notice |
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must: |
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(1) include a substantial copy of the proposed |
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amendment; |
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(2) include an estimate of the anticipated fiscal |
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impact to the municipality if the proposed amendment is approved at |
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the election; and |
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(3) be published on the same day in each of two |
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successive weeks, with the first publication occurring before the |
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14th day before the date of the election. |
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(d) An amendment may not contain more than one subject. |
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(e) The ballot shall be prepared so that a voter may approve |
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or disapprove any one or more amendments without having to approve |
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or disapprove all of the amendments. |
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(f) The requirement imposed by Subsection (c)(2) does not |
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waive governmental immunity for any purpose and a person may not |
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seek injunctive relief or any other judicial remedy to enforce the |
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estimate of the anticipated fiscal impact on the municipality. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |