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A BILL TO BE ENTITLED
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AN ACT
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relating to the review and approval of certain proposed municipal |
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initiatives and referendums. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 51, Local Government Code, |
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is amended by adding Section 51.080 to read as follows: |
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Sec. 51.080. PROVISIONS APPLICABLE TO PROPOSED INITIATIVES |
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AND REFERENDUMS. (a) This section applies only to a home-rule |
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municipality that provides in its charter for the proposal by |
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petition and voter approval of a measure to: |
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(1) adopt a new ordinance, regulation, or other |
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measure; or |
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(2) amend or repeal an existing ordinance, regulation, |
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or other measure. |
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(b) Before ordering an election on a measure described by |
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Subsection (a), a municipality shall submit the measure to the |
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attorney general. The municipality must submit the measure to the |
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attorney general not later than the fifth day after the day the |
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municipality receives the petition on the measure. The attorney |
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general shall, not later than the 30th day after the day the |
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municipality submits the measure to the attorney general: |
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(1) determine whether any portion of the measure would |
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violate state law; and |
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(2) advise the municipality in writing of its |
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determination. |
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(c) Subject to Subsections (d) and (e), a municipality may |
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not hold an election on a measure described by Subsection (a) if the |
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attorney general determines that any portion of the measure would |
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violate state law. |
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(d) A municipality shall order an election on a measure if |
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the attorney general does not comply with the requirements of |
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Subsection (b) in the time and manner prescribed by that |
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subsection. |
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(e) A qualified voter of a municipality that submits a |
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measure to the attorney general under this section may bring an |
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action to challenge a determination by the attorney general under |
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Subsection (b) that the measure would violate state law. The |
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municipality: |
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(1) shall order an election on the measure if the court |
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finds that the measure would not violate state law; and |
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(2) may not order an election on the measure if the |
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court finds that the measure would violate state law. |
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(f) A municipality must hold an election on a measure |
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described by Subsection (a) on a uniform election date. |
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(g) To the extent that the requirements of this section |
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conflict with a municipal charter provision requiring the |
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municipality to order an election within a period following receipt |
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of a petition, this section controls and the period during which the |
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municipality must order the election is extended to the extent |
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necessary to comply with this section. |
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SECTION 2. Section 51.079, Local Government Code, is |
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repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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a petition requesting an election on a measure submitted to a |
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municipality on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |