89R8354 JBD-D
 
  By: Parker, et al. S.B. No. 1059
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the governing body of a home-rule
  municipality to submit a proposed charter amendment to the voters
  for approval if application of the provisions of the amendment
  would be contrary to state law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 9.004(a), Local Government Code, is
  amended to read as follows:
         (a)  Except as provided by Sections 9.0041 and [Section]
  9.0045, the governing body of a municipality on its own motion may
  submit a proposed charter amendment to the municipality's qualified
  voters for their approval at an election. The governing body shall
  submit a proposed charter amendment to the voters for their
  approval at an election if the submission is supported by a petition
  signed by a number of qualified voters of the municipality equal to
  at least five percent of the number of qualified voters of the
  municipality or 20,000, whichever number is the smaller.
         SECTION 2.  Chapter 9, Local Government Code, is amended by
  adding Section 9.0041 to read as follows:
         Sec. 9.0041.  AUTHORITY TO PROPOSE CHARTER AMENDMENT
  CONTRARY TO STATE LAW. The governing body of a municipality may not
  submit a proposed charter amendment to the voters for approval if
  application of the provisions of the amendment would be contrary to
  state law.
         SECTION 3.  This Act takes effect September 1, 2025.