| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to the use of municipal initiative and referendum to |
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| 8 | 7 | | restrict property rights. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Subchapter E, Chapter 51, Local Government Code, |
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| 11 | 10 | | is amended by adding Section 51.080 to read as follows: |
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| 12 | 11 | | Sec. 51.080. INITIATIVE AND REFERENDUM TO RESTRICT PROPERTY |
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| 13 | 12 | | RIGHTS PROHIBITED. (a) This section does not apply to a petition |
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| 14 | 13 | | or election to which Chapter 501, Election Code, applies. |
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| 15 | 14 | | (b) Notwithstanding any municipal charter provision, a |
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| 16 | 15 | | municipality may not: |
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| 17 | 16 | | (1) accept for verification, certification, or other |
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| 18 | 17 | | approval a petition requesting the enactment or repeal of an |
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| 19 | 18 | | ordinance or charter provision, if the proposed enactment or repeal |
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| 20 | 19 | | would restrict the right of any person to use or access the person's |
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| 22 | 23 | | (2) hold an election proposed by a petition on the |
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| 23 | 24 | | proposed enactment or repeal of an ordinance or charter provision |
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| 24 | 25 | | described by Subdivision (1). |
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| 25 | 26 | | (c) The purported enactment or repeal of an ordinance or |
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| 26 | 27 | | charter provision prohibited by Subsection (b) has no effect. An |
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| 27 | 28 | | election held in violation of Subsection (b) is void. |
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| 28 | 29 | | (d) A person whose rights are affected by a violation of |
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| 29 | 30 | | this section may sue for injunctive relief to enforce this section. |
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| 30 | 31 | | SECTION 2. Section 51.080, Local Government Code, as added |
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| 31 | 32 | | by this Act, applies only to a petition submitted on or after the |
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| 32 | 33 | | effective date of this Act. A petition submitted before the |
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| 33 | 34 | | effective date of this Act is governed by the law in effect when the |
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| 34 | 35 | | petition was submitted, and the former law is continued in effect |
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| 35 | 36 | | for that purpose. |
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| 36 | 37 | | SECTION 3. This Act takes effect September 1, 2015. |
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