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A BILL TO BE ENTITLED
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AN ACT
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relating to certain petitions prescribed by law outside the |
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Election Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 277.004, Election Code, is amended to |
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read as follows: |
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Sec. 277.004. EFFECT OF CITY CHARTER OR ORDINANCE. Except |
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for the requirements under Sections 51.080 and 51.081, Local |
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Government Code, any [Any] requirements for the validity or |
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verification of petition signatures in addition to those prescribed |
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by this chapter that are prescribed by a home-rule city charter |
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provision or a city ordinance are effective only if the charter |
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provision or ordinance was in effect September 1, 1985. |
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SECTION 2. Subchapter E, Chapter 51, Local Government Code, |
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is amended by adding Sections 51.080 and 51.081 to read as follows: |
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Sec. 51.080. TIME TO FILE PETITION. (a) A petition |
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regarding the repeal of an order, ordinance, or resolution must be |
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filed not later than the 90th day after the later of the date on |
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which the order, ordinance, or resolution: |
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(1) finally passed; or |
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(2) was published. |
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(b) If the secretary of the municipality or other authority |
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responsible for verifying the signatures determines the petition |
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contains an insufficient number of valid signatures, the secretary |
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or other authority shall state all the grounds for invalidating a |
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signature. |
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(c) If a petition is invalidated and later refiled, the |
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secretary of the municipality or other authority responsible for |
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verifying the signatures may not invalidate a subsequent petition |
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on grounds that existed but were not raised during the initial |
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determination of the petition's validity. |
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(d) This section does not apply to a change in a provision of |
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the municipal charter. |
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Sec. 51.081. CONTENT OF PETITION. (a) A municipality must |
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make available on the official website, if any, of the municipality |
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a petition form that complies with state law and the municipality's |
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ordinances, orders, and other resolutions that apply to the filing |
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of a petition with the municipality. |
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(b) The secretary of the municipality or other authority |
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responsible for verifying the signatures may not invalidate a |
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petition because the petition did not contain information that the |
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municipality's petition form under Subsection (a) failed to provide |
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or to require to be provided. |
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SECTION 3. The changes in law made by this Act apply only to |
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a petition filed on or after the effective date of this Act. A |
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petition filed before the effective date of this Act is governed by |
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the law in effect when the petition was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |