BILL ANALYSIS
By: Bohac
BACKGROUND AND PURPOSE
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 general 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 they did not have the option of holding the election at a later time. When citizens gather to support an initiative for change, they deserve to have their proposals considered in a timely manner. House Bill 652 amends provisions relating to the timing of charter amendment elections and the placement of initiative propositions on the ballot.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
House Bill 652 amends the Local Government Code by deleting the option of holding an election for the approval of proposed amendments to a home-rule municipality charter (amendments) on the earlier date of the next municipal general election or presidential general election.
The bill provides, if more than one amendment is submitted at an election, that amendments supported by a petition must appear on the ballot before other amendments.
EFFECTIVE DATE
September 1, 2005.