BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 652

79R3808 DRH-D                                                                                                  By: Bohac (Janek)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/20/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Home-rule municipalities have the option of when to hold elections on charter amendments brought by citizen initiative.  Current law requires these amendments to be placed on the ballot on the first authorized uniform election date or on the earlier of the next municipal or next presidential election.  The existing option for election dates has allowed some municipalities to delay elections on charter amendments, in some cases, for several years.  Often, when the elections finally take place, these charter amendments are buried below numerous other provisions on the ballot.

 

Prior to 1997, cities were required to hold an election on these amendments on the first authorized uniform election date, and did not have the option of holding the election at a later time.

 

H.B. 652 amends provisions relating to the timing of charter amendment elections and the placement of initiative propositions on the ballot, to allow citizens who gather support for an initiative for change to have their proposals considered in a timely manner.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 9.004, Local Government Code, by amending Subsection (b) and adding Subsection (f), as follows:

 

(b) Deletes the option to hold a certain election on the earlier of the date of the next municipal general election or presidential general election.

 

(f) Requires that, if more than one amendment is submitted at an election, amendments supported by a petition described by Subsection (a) appear on the ballot before other amendments.

 

SECTION 2.  Effective date: September 1, 2005.