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A BILL TO BE ENTITLED
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AN ACT
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relating to the submission to the attorney general of a measure |
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proposing the enactment or repeal of a municipal ordinance. |
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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. SUBMISSION OF INITIATIVE OR REFERENDUM BALLOT |
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PROPOSALS. (a) This section applies only to a municipality that |
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provides in its charter for the proposal by petition of a measure to |
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enact a new ordinance or repeal an existing ordinance. |
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(b) Before ordering an election as required by charter, a |
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municipality shall submit a measure proposed by petition to enact a |
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new ordinance or repeal an existing ordinance to the attorney |
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general. The attorney general shall, not later than the 90th day |
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after submission: |
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(1) determine whether any portion of the proposed |
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measure would violate the Texas or federal constitution, a state |
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statute, or a rule adopted as authorized by state statute; |
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(2) determine whether passage of the measure would |
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cause a governmental taking of private property for which the Texas |
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or federal constitution would require compensation to be paid to |
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the property owner; and |
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(3) advise the municipality of its determinations. |
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(c) A municipality may not hold an election on the proposed |
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measure if the attorney general has determined that any portion of |
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the proposed measure would violate the Texas or federal |
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constitution or a state statute or rule or would cause a |
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governmental taking of private property. |
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(d) 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. The changes in law made by this Act apply only to |
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a petition requesting an election on the enactment or repeal of a |
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municipal ordinance submitted on or after the effective date of |
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this Act. A petition submitted before the effective date of this |
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Act is governed by the law in effect when the petition is submitted, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |