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A BILL TO BE ENTITLED
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AN ACT
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relating to certain petitions filed with home-rule municipalities. |
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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. This |
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chapter preempts any [Any] requirements for the validity or |
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verification of petition signatures [in addition to those
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prescribed by this chapter] that are prescribed by a home-rule city |
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charter provision or a city ordinance [are effective only if the
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charter 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, 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) A petition |
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regarding an election on the repeal of an order, ordinance, or |
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resolution must be filed not later than the 90th day after the later |
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of the date on 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) The secretary of |
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state shall prescribe a petition form that complies with state law |
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applicable to the filing of a petition with a municipality in |
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connection with an election. The petition form must: |
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(1) require only the provision of information required |
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under Chapter 277, Election Code; and |
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(2) allow a petitioner to add the purpose of the |
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petition to the form. |
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(b) A municipality shall make the petition form available on |
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the official website, if any, of the municipality. |
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(c) 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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Sec. 51.082. VALIDITY OF PETITION SIGNATURE. A signature on |
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a petition filed in connection with an election is valid if the |
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information provided with the signature as required by Section |
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277.002, Election Code, and other applicable law legibly provides |
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enough information to demonstrate that the signer: |
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(1) is eligible to have signed the petition; and |
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(2) signed the petition within the time prescribed by |
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law. |
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Sec. 51.083. WEBSITE POSTING OF INFORMATION RELATING TO |
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PETITIONS. A municipality shall conspicuously post on its official |
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website, if any, information relating to citizen-initiated |
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petitions. This information must contain a link to the petition |
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form posted under Section 51.081(b). |
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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, 2017. |