By: Laubenberg H.B. No. 2762
A BILL TO BE ENTITLED
AN ACT
relating to petitions prescribed by law outside of code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 277, Title 16, Elections Code, is
amended to read as follows:
Sec. 277.004. EFFECT OF CITY CHARTER OR ORDINANCE. Any
requirements for the validity or verification of petition
signatures in addition to those prescribed by this chapter that are
prescribed by a home rule city charter provision or a city ordinance
are effective only if the charter provision or ordinance was in
effect September 1, 1985. TIME TO FILE PETITION. (a) A petition
under this chapter must be filed within the later of (1) ninety (90)
days after final passage of said order, ordinance, or resolution,
or (2) ninety (90) days after its publication.
(b) If the city secretary or other authority responsible for
verifying the signatures determines the petition contains an
insufficient number of signatures, he must state all the specific
grounds invalidating any signature.
(c) If a petition is invalidated and subsequently refiled,
the city secretary or other authority responsible for verifying the
signatures may not invalidate a subsequent petition on grounds that
existed but were not raised during an earlier determination of
v
alidity of the petition.
Sec. 277.005. CONTENTS OF PETITION. (a) A political
subdivision must make available on its website a petition form that
complies with state law and the political subdivision's ordinances,
orders and other resolutions concerning petitions.
(b) The city secretary or other authority responsible for
verifying the signatures may not invalidate a petition because it
failed to contain information that the political subdivision's
petition form provided pursuant to this section itself fails to
require.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.