84R6853 ATP-F
By: Keffer H.B. No. 2595
A BILL TO BE ENTITLED
AN ACT
relating to the use of municipal initiative and referendum to
restrict property rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 51, Local Government Code,
is amended by adding Section 51.080 to read as follows:
Sec. 51.080. INITIATIVE AND REFERENDUM TO RESTRICT PROPERTY
RIGHTS PROHIBITED. (a) This section does not apply to a petition
or election to which Chapter 501, Election Code, applies.
(b) Notwithstanding any municipal charter provision, a
municipality may not:
(1) accept for verification, certification, or other
approval a petition requesting the enactment or repeal of an
ordinance or charter provision, if the proposed enactment or repeal
would restrict the right of any person to use or access the person's
private property for economic gain; or
(2) hold an election proposed by a petition on the
proposed enactment or repeal of an ordinance or charter provision
described by Subdivision (1).
(c) The purported enactment or repeal of an ordinance or
charter provision prohibited by Subsection (b) has no effect. An
election held in violation of Subsection (b) is void.
(d) A person whose rights are affected by a violation of
this section may sue for injunctive relief to enforce this section.
SECTION 2. Section 51.080, Local Government Code, as added
by this Act, applies only to a petition submitted on or after the
effective date of this Act. A petition submitted before the
effective date of this Act is governed by the law in effect when the
petition was submitted, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2015.