| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the review of ballot proposition language for certain |
|
|
elections held by home-rule municipalities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 9, Local Government Code, is amended by |
|
|
adding Section 9.009 to read as follows: |
|
|
Sec. 9.009. REVIEW OF BALLOT PROPOSITION LANGUAGE. (a) A |
|
|
municipality seeking to hold an election on a charter amendment or a |
|
|
voter-initiated initiative or referendum requested by a petition |
|
|
shall submit to the attorney general: |
|
|
(1) the ballot proposition language; and |
|
|
(2) a brief statement on the purpose of the |
|
|
proposition. |
|
|
(b) On receiving a submission under Subsection (a), the |
|
|
attorney general shall review the ballot proposition language |
|
|
before the election may be held. |
|
|
(c) If the attorney general finds the proposition is |
|
|
consistent with state law, the attorney general shall approve the |
|
|
language of the proposition for the ballot. |
|
|
(d) If the attorney general finds the proposition is not |
|
|
consistent with state law, the attorney general shall disapprove |
|
|
the language of the proposition. Language that has been |
|
|
disapproved under this subsection may not be used on the ballot at |
|
|
the election. |
|
|
(e) If the attorney general does not approve or disapprove |
|
|
the language of a proposition before the 40th day after the |
|
|
proposition was submitted, the proposition is approved for use on |
|
|
the ballot. |
|
|
(f) If a proposition is disapproved under Subsection (d), |
|
|
the municipality that submitted the proposition may submit |
|
|
alternate language in the same manner as the initial submission. |
|
|
(g) A municipality may not submit a proposition or alternate |
|
|
language under this section after the 120th day before the date of |
|
|
the election. |
|
|
(h) To the extent of a conflict between this section and any |
|
|
provision of law requiring a municipality to hold an election |
|
|
within a certain period, this section controls. |
|
|
(i) The attorney general may adopt rules to implement this |
|
|
section. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an election ordered on or after the effective date of this Act. |
|
|
An election ordered before the effective date of this Act is |
|
|
governed by the law in effect when the election was ordered, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |