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A BILL TO BE ENTITLED
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AN ACT
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relating to the content and process for certain petitions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 277, Election Code, is amended by adding |
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Section 277.005 to read as follows: |
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Sec. 277.005. PETITION FORM. (a) The secretary of state |
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shall prescribe the form, content, and procedure for a petition. |
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(b) An authority may only accept a petition that follows the |
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official form prescribed under Subsection (a). |
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SECTION 2. Subchapter E, Chapter 51, Local Government Code, |
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is amended by adding Sections 51.080, 51.081, 51.082, and 51.083 to |
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read as follows: |
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Sec. 51.080. TIME TO FILE PETITION. A petition regarding |
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the repeal of an order, ordinance, or resolution must be filed not |
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later than the 90th day after the later of the date on which the |
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order, ordinance, or resolution: |
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(1) finally passed; or |
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(2) was published. |
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Sec. 51.081. TIME TO REVIEW PETITION. The secretary of the |
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municipality or other authority responsible for verifying a |
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petition regarding the repeal of an order, ordinance, or resolution |
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must review the petition not later than the 30th day after the date |
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of the receipt of the petition. |
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Sec. 51.082. OPPORTUNITY TO CURE PETITION. (a) If the |
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secretary of the municipality or other authority responsible for |
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verifying a petition regarding the repeal of an order, ordinance, |
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or resolution determines the petition is invalid, the secretary or |
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other authority shall return the petition to one of the petition's |
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proponents with the written reasons for rejection. |
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(b) If the petition's proponents seek to remedy the |
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petition, the petition's proponents shall return the petition to |
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the secretary or other authority not later than the 30th day after |
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the date of the receipt of the rejected petition. |
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Sec. 51.083. CONTENT OF PETITION. A municipality must make |
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available on the official website, if any, of the municipality a |
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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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SECTION 3. Section 277.004, Election Code, is repealed. |
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SECTION 4. Not later than January 1, 2018, the secretary of |
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state shall adopt a petition form as required by this Act. |
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SECTION 5. The changes in law made by this Act apply only to |
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a petition submitted on or after January 1, 2018. |
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SECTION 6. This Act takes effect September 1, 2017. |