| 1 | 1 | | 85R17787 SRS-D |
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| 2 | 2 | | By: Shaheen, Israel, Swanson H.B. No. 907 |
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| 3 | 3 | | Substitute the following for H.B. No. 907: |
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| 4 | 4 | | By: Israel C.S.H.B. No. 907 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the content and process for certain petitions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 277, Election Code, is amended by adding |
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| 12 | 12 | | Section 277.005 to read as follows: |
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| 13 | 13 | | Sec. 277.005. PETITION FORM. (a) The secretary of state |
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| 14 | 14 | | shall prescribe the form, content, and procedure for a petition. |
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| 15 | 15 | | (b) An authority may only accept a petition that follows the |
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| 16 | 16 | | official form prescribed under Subsection (a). |
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| 17 | 17 | | SECTION 2. Subchapter E, Chapter 51, Local Government Code, |
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| 18 | 18 | | is amended by adding Sections 51.080, 51.081, 51.082, and 51.083 to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | Sec. 51.080. TIME TO FILE PETITION. A petition regarding |
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| 21 | 21 | | the repeal of an order, ordinance, or resolution must be filed not |
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| 22 | 22 | | later than the 90th day after the later of the date on which the |
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| 23 | 23 | | order, ordinance, or resolution: |
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| 24 | 24 | | (1) finally passed; or |
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| 25 | 25 | | (2) was published. |
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| 26 | 26 | | Sec. 51.081. TIME TO REVIEW PETITION. The secretary of the |
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| 27 | 27 | | municipality or other authority responsible for verifying a |
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| 28 | 28 | | petition regarding the repeal of an order, ordinance, or resolution |
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| 29 | 29 | | must review the petition not later than the 30th day after the date |
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| 30 | 30 | | of the receipt of the petition. |
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| 31 | 31 | | Sec. 51.082. OPPORTUNITY TO CURE PETITION. (a) If the |
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| 32 | 32 | | secretary of the municipality or other authority responsible for |
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| 33 | 33 | | verifying a petition regarding the repeal of an order, ordinance, |
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| 34 | 34 | | or resolution determines the petition is invalid, the secretary or |
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| 35 | 35 | | other authority shall return the petition to one of the petition's |
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| 36 | 36 | | proponents with the written reasons for rejection. |
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| 37 | 37 | | (b) If the petition's proponents seek to remedy the |
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| 38 | 38 | | petition, the petition's proponents shall return the petition to |
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| 39 | 39 | | the secretary or other authority not later than the 30th day after |
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| 40 | 40 | | the date of the receipt of the rejected petition. |
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| 41 | 41 | | Sec. 51.083. CONTENT OF PETITION. A municipality must make |
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| 42 | 42 | | available on the official website, if any, of the municipality a |
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| 43 | 43 | | petition form that complies with state law and the municipality's |
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| 44 | 44 | | ordinances, orders, and other resolutions that apply to the filing |
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| 45 | 45 | | of a petition with the municipality. |
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| 46 | 46 | | SECTION 3. Section 277.004, Election Code, is repealed. |
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| 47 | 47 | | SECTION 4. Not later than January 1, 2018, the secretary of |
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| 48 | 48 | | state shall adopt a petition form as required by this Act. |
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| 49 | 49 | | SECTION 5. The changes in law made by this Act apply only to |
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| 50 | 50 | | a petition submitted on or after January 1, 2018. |
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| 51 | 51 | | SECTION 6. This Act takes effect September 1, 2017. |
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