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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for a ballot proposition for a proposed |
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municipal charter amendment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.004, Local Government Code, is amended |
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by adding Subsection (e-1) to read as follows: |
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(e-1) The ballot proposition for a proposed charter |
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amendment must substantially submit the question with such |
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definiteness and certainty that voters are not misled. |
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SECTION 2. Chapter 9, Local Government Code, is amended by |
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adding Section 9.0045 to read as follows: |
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Sec. 9.0045. MANDAMUS ACTION FOR PROPOSED CHARTER AMENDMENT |
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BALLOT PROPOSITION. (a) A registered voter residing in a |
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municipality in which the governing body of the municipality has |
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submitted a proposed charter amendment to the voters for an |
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upcoming election may file an action for a writ of mandamus to |
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compel the governing body to comply with Section 9.004(e-1). |
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(b) A municipality defending an action described by |
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Subsection (a) may not accept pro bono legal services to defend the |
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action. |
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(c) The court shall award a plaintiff who substantially |
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prevails in a mandamus action described by Subsection (a) the |
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party's reasonable attorney's fees, expenses, and court costs. The |
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court may award a municipality that substantially prevails in the |
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action the municipality's court costs, but the court may not award |
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the municipality its reasonable attorney's fees or expenses. |
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SECTION 3. The change in law made by this Act applies only |
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to a municipal charter amendment for which an election is held on or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |