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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of a climate policy in a municipal charter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 9, Local Government Code, is amended by |
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adding Section 9.0015 to read as follows: |
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Sec. 9.0015. DEFINITION. In this chapter, "climate |
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charter" means an overarching or comprehensive ordinance, rule, or |
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other policy statement that purports to set out or address climate |
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change or environmental impact on areas such as water, energy, and |
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emissions. |
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SECTION 2. Section 9.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 9.0045, the [The] charter |
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prepared by the charter commission shall be submitted to the |
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qualified voters of the municipality at an election to be held on |
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the first authorized uniform election date prescribed by the |
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Election Code that allows sufficient time to comply with other |
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requirements of law and that occurs on or after the 40th day after |
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the date the charter commission completes its work. The governing |
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body of the municipality shall provide for the submission of the |
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charter at the election to the extent that the provisions for |
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submission are not prescribed by general law. |
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SECTION 3. Section 9.004(a), Local Government Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 9.0045, the [The] |
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governing body of a municipality on its own motion may submit a |
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proposed charter amendment to the municipality's qualified voters |
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for their approval at an election. The governing body shall submit |
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a proposed charter amendment to the voters for their approval at an |
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election if the submission is supported by a petition signed by a |
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number of qualified voters of the municipality equal to at least |
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five percent of the number of qualified voters of the municipality |
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or 20,000, whichever number is the smaller. |
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SECTION 4. Chapter 9, Local Government Code, is amended by |
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adding Section 9.0045 to read as follows: |
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Sec. 9.0045. APPROVAL OF CLIMATE CHARTER OR AMENDMENT TO |
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CHARTER REQUIRED. Before a vote may be held under Section 9.003 or |
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9.004, the municipality or charter commission must receive approval |
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on a climate charter from the appropriate state agency with proper |
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jurisdiction to propose a climate charter for a municipality or an |
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amendment to a municipality's climate charter. |
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SECTION 5. A climate charter adopted before the effective |
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date of this Act remains valid and enforceable until January 1, |
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2026. Not later than January 1, 2025, municipalities that have |
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adopted climate charters before the effective date of this Act must |
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comply with the approval requirement under Section 9.0045, Local |
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Government Code, as added by this Act. |
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SECTION 6. This Act takes effect September 1, 2023. |