BILL ANALYSIS
By: Hartnett
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Under current law, citizens are allowed to propose amendments to city charters following the circulation of petitions. Many of the supporters of these citizen initiatives, however, are not aware of how the proposed changes will impact the city, and many who sign the petitions claim that those circulating them did not fully explain the fiscal implications. While city officials may feel that a proposed change needs to be researched more fully to completely understand the impact on the city, the law requires these changes to be placed on the ballot for a decision by the electorate. The city cannot force those circulating the petitions to tell the truth about the impact of a change but can perform a fiscal analysis and present the findings to voters. CSHB 2751 attempts to ensure that ballot propositions for city charter amendments are fully researched before being implemented by requiring the notice for the election to include the fiscal impact of the proposed change.
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
CSHB 2751 amends the Local Government Code to provide that the notice of an election for voting on a proposed city charter amendment must include an estimate of the fiscal impact to the municipality if the proposed amendment is approved at the election. This provision applies only to an election for a charter amendment ordered on or after September 1, 2005.
EFFECTIVE DATE
September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modifies the original by conforming the language to Legislative Council drafting style, including modification of the bill caption. The substitute also adds that the provisions apply only to an election for a charter amendment ordered on or after September 1, 2005.