| 1 | 1 | | 84R3830 ATP-D |
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| 2 | 2 | | By: King of Parker H.B. No. 540 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the submission to the attorney general of a measure |
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| 8 | 8 | | proposing the enactment or repeal of a municipal ordinance. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E, Chapter 51, Local Government Code, |
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| 11 | 11 | | is amended by adding Section 51.080 to read as follows: |
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| 12 | 12 | | Sec. 51.080. SUBMISSION OF INITIATIVE OR REFERENDUM BALLOT |
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| 13 | 13 | | PROPOSALS. (a) This section applies only to a municipality that |
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| 14 | 14 | | provides in its charter for the proposal by petition of a measure to |
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| 15 | 15 | | enact a new ordinance or repeal an existing ordinance. |
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| 16 | 16 | | (b) Before ordering an election as required by charter, a |
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| 17 | 17 | | municipality shall submit a measure proposed by petition to enact a |
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| 18 | 18 | | new ordinance or repeal an existing ordinance to the attorney |
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| 19 | 19 | | general. The attorney general shall, not later than the 90th day |
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| 20 | 20 | | after submission: |
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| 21 | 21 | | (1) determine whether any portion of the proposed |
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| 22 | 22 | | measure would violate the Texas or federal constitution, a state |
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| 23 | 23 | | statute, or a rule adopted as authorized by state statute; |
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| 24 | 24 | | (2) determine whether passage of the measure would |
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| 25 | 25 | | cause a governmental taking of private property for which the Texas |
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| 26 | 26 | | or federal constitution would require compensation to be paid to |
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| 27 | 27 | | the property owner; and |
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| 28 | 28 | | (3) advise the municipality of its determinations. |
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| 29 | 29 | | (c) A municipality may not hold an election on the proposed |
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| 30 | 30 | | measure if the attorney general has determined that any portion of |
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| 31 | 31 | | the proposed measure would violate the Texas or federal |
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| 32 | 32 | | constitution or a state statute or rule or would cause a |
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| 33 | 33 | | governmental taking of private property. |
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| 34 | 34 | | (d) To the extent that the requirements of this section |
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| 35 | 35 | | conflict with a municipal charter provision requiring the |
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| 36 | 36 | | municipality to order an election within a period following receipt |
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| 37 | 37 | | of a petition, this section controls and the period during which the |
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| 38 | 38 | | municipality must order the election is extended to the extent |
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| 39 | 39 | | necessary to comply with this section. |
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| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
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| 41 | 41 | | a petition requesting an election on the enactment or repeal of a |
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| 42 | 42 | | municipal ordinance submitted on or after the effective date of |
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| 43 | 43 | | this Act. A petition submitted before the effective date of this |
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| 44 | 44 | | Act is governed by the law in effect when the petition is submitted, |
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| 45 | 45 | | and the former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2015. |
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