Texas 2017 - 85th Regular

Texas Senate Bill SB488 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R31244 ATP-F
2	2	By: Bettencourt, et al. S.B. No. 488
3	3	(Kuempel)
4	4	Substitute the following for S.B. No. 488: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requirements for certain petitions requesting an
10	10	election and ballot propositions.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 52.072, Election Code, is amended by
13	13	adding Subsection (f) to read as follows:
14	14	(f) A ballot proposition proposing an amendment to a
15	15	home-rule city charter or a voter-initiated initiative or
16	16	referendum as requested by petition must substantially submit the
17	17	question with such definiteness and certainty in identifying the
18	18	proposition's chief features that the voters are not misled.
19	19	SECTION 2. Chapter 233, Election Code, is amended by adding
20	20	Section 233.0115 to read as follows:
21	21	Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
22	22	orders a new election under Section 233.011, a person may seek from
23	23	the court a writ of mandamus to compel the governing body of a city
24	24	to comply with the requirement that a ballot proposition must
25	25	substantially submit the question with such definiteness and
26	26	certainty that the voters are not misled, as provided by Section
27	27	273.102.
28	28	SECTION 3. Section 253.094(b), Election Code, is amended to
29	29	read as follows:
30	30	(b) A corporation or labor organization may not make a
31	31	political contribution in connection with a recall election,
32	32	including the circulation and submission of a petition to call an
33	33	election. This subsection does not prohibit a religious
34	34	organization from circulating or submitting a petition in
35	35	connection with a recall election.
36	36	SECTION 4. Chapter 273, Election Code, is amended by adding
37	37	Subchapter F to read as follows:
38	38	SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
39	39	Sec. 273.101. REVIEW BY SECRETARY OF STATE. (a) Not later
40	40	than the seventh day after the date on which a home-rule city
41	41	publishes in the election order or by other means ballot
42	42	proposition language proposing an amendment to the city charter or
43	43	a voter-initiated initiative or referendum as requested by
44	44	petition, a registered voter eligible to vote in the election may
45	45	submit the proposition for review by the secretary of state.
46	46	(b) The secretary of state shall review the proposition not
47	47	later than the seventh day after the date the secretary receives the
48	48	submission to determine whether the proposition substantially
49	49	submits the question with such definiteness and certainty that the
50	50	voters are not misled.
51	51	(c) If the secretary of state determines that the
52	52	proposition fails to substantially submit the question with such
53	53	definiteness and certainty that the voters are not misled, the city
54	54	shall draft a proposition to cure the defects and give notice of the
55	55	new proposition using the method of giving notice prescribed for
56	56	notice of an election under Section 4.003.
57	57	(d) A proposition drafted by a city under Subsection (c) to
58	58	cure the defects may be submitted to the secretary of state under
59	59	Subsection (a). If the secretary of state determines that the city
60	60	has on its third attempt drafted a proposition that fails to
61	61	substantially submit the question with such definiteness and
62	62	certainty that the voters are not misled, the secretary of state
63	63	shall draft the ballot proposition.
64	64	Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a
65	65	court of competent jurisdiction seeking a writ of mandamus to
66	66	compel the city's governing body to comply with the requirement
67	67	that a ballot proposition must substantially submit the question
68	68	with such definiteness and certainty that the voters are not
69	69	misled, the court shall make its determination without delay and
70	70	may order the city to use ballot proposition language drafted by the
71	71	court.
72	72	(b) The court may award a plaintiff or relator who
73	73	substantially prevails in a mandamus action described by Subsection
74	74	(a) the party's reasonable attorney's fees, expenses, and court
75	75	costs.
76	76	(c) Governmental immunity to suit is waived and abolished
77	77	only to the extent of the liability created by Subsection (b).
78	78	Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE.
79	79	Following a final nonappealable judgment containing a finding by a
80	80	court that a ballot proposition drafted by a city failed to
81	81	substantially submit the question with such definiteness and
82	82	certainty that the voters are not misled, the city shall submit to
83	83	the secretary of state for approval any proposition to be voted on
84	84	at an election held by the city before the fourth anniversary of the
85	85	court's finding.
86	86	Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES.
87	87	Notwithstanding a home-rule city charter provision to the contrary,
88	88	a city may not accept legal services relating to a proceeding under
89	89	this subchapter without paying fair market value for those
90	90	services.
91	91	Sec. 273.105. RULES. The secretary of state may adopt rules
92	92	as necessary to implement this subchapter.
93	93	SECTION 5. Sections 277.001, 277.002, 277.0021, 277.0022,
94	94	277.0023, 277.0024, and 277.003, Election Code, are designated as
95	95	Subchapter A, Chapter 277, Election Code, and a heading is added to
96	96	Subchapter A to read as follows:
97	97	SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND
98	98	VERIFICATION OF PETITIONS
99	99	SECTION 6. Section 277.001, Election Code, is amended to
100	100	read as follows:
101	101	Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
102	102	subchapter [chapter] applies to a petition authorized or required
103	103	to be filed under a law outside this code in connection with an
104	104	election.
105	105	SECTION 7. Section 277.002, Election Code, is amended by
106	106	adding Subsection (f) to read as follows:
107	107	(f) The illegibility of a signature on a petition submitted
108	108	to a home-rule city is not a valid basis for invalidating the
109	109	signature if the information provided with the signature as
110	110	required by this section and other applicable law legibly provides
111	111	enough information to demonstrate that the signer:
112	112	(1) is eligible to have signed the petition; and
113	113	(2) signed the petition on or after the 180th day
114	114	before the date the petition was filed.
115	115	SECTION 8. Subchapter A, Chapter 277, Election Code, as
116	116	added by this Act, is amended by adding Sections 277.005 and 277.006
117	117	to read as follows:
118	118	Sec. 277.005. PETITION FORM; USE BY CITY AND OTHER PERSONS.
119	119	(a) The secretary of state shall prescribe the form and content
120	120	for a petition related to a city charter amendment or city
121	121	initiative or referendum election.
122	122	(b) A home-rule city that uses a form that is different from
123	123	the official form prescribed under Subsection (a) may not
124	124	invalidate a petition because the petition does not contain
125	125	information that the petition form failed to provide for or to
126	126	require to be provided.
127	127	(c) A person who circulates or submits a petition is not
128	128	required to use a petition form prescribed by the secretary of state
129	129	or a home-rule city. A petition that does not use a prescribed form
130	130	must contain the substantial elements required to be provided on
131	131	the prescribed form.
132	132	Sec. 277.006. RULES. The secretary of state may adopt rules
133	133	as necessary to implement this subchapter.
134	134	SECTION 9. Chapter 277, Election Code, is amended by adding
135	135	Subchapter B to read as follows:
136	136	SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
137	137	Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
138	138	applies to a home-rule city that has a procedure requiring the
139	139	governing body of the city to hold an election on receipt of a
140	140	petition requesting the election that complies with the applicable
141	141	requirements.
142	142	Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
143	143	provisions of this subchapter apply notwithstanding any city
144	144	charter provision or other law.
145	145	Sec. 277.033. DETERMINATION OF VALIDITY. The city
146	146	secretary shall determine the validity of a petition submitted
147	147	under this subchapter, including by verifying the petition
148	148	signatures, not later than the 30th day after the date the city
149	149	receives the petition.
150	150	Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED.
151	151	(a) Except as provided by Subsection (b), a city may not restrict
152	152	who may collect petition signatures.
153	153	(b) A city may require a person who collects petition
154	154	signatures to be a resident of the city. This subsection does not
155	155	authorize a city to require a person who collects petition
156	156	signatures to be a registered voter. A city requirement authorized
157	157	under this subsection does not apply to a petition relating to a
158	158	local option election under Chapter 501.
159	159	SECTION 10. Sections 9.004(a) and (c), Local Government
160	160	Code, are amended to read as follows:
161	161	(a) The governing body of a municipality on its own motion
162	162	may submit a proposed charter amendment to the municipality's
163	163	qualified voters for their approval at an election. The governing
164	164	body shall submit a proposed charter amendment to the voters for
165	165	their approval at an election if the submission is supported by a
166	166	petition signed by a number of registered [qualified] voters of the
167	167	municipality equal to at least five percent of the number of
168	168	registered [qualified] voters of the municipality on the date of
169	169	the most recent election held throughout the municipality or
170	170	20,000, whichever number is the smaller.
171	171	(c) Notice of the election shall be published in a newspaper
172	172	of general circulation published in the municipality. The notice
173	173	must:
174	174	(1) include a substantial copy of the proposed
175	175	amendment in which language sought to be deleted by the amendment is
176	176	bracketed and stricken through and language sought to be added by
177	177	the amendment is underlined;
178	178	(2) include an estimate of the anticipated fiscal
179	179	impact to the municipality if the proposed amendment is approved at
180	180	the election; and
181	181	(3) be published on the same day in each of two
182	182	successive weeks, with the first publication occurring before the
183	183	14th day before the date of the election.
184	184	SECTION 11. Subchapter E, Chapter 51, Local Government
185	185	Code, is amended by adding Section 51.080 to read as follows:
186	186	Sec. 51.080. PUBLICATION OF INITIATIVE OR REFERENDUM BALLOT
187	187	PROPOSALS. (a) This section applies to a municipality for which a
188	188	petition may be submitted requesting an election on an amendment to
189	189	the municipality's charter or a voter-initiated initiative or
190	190	referendum.
191	191	(b) In addition to any other notice or publication
192	192	requirements, a municipality shall publish the ballot proposition
193	193	language to be voted on at an election described by Subsection (a)
194	194	not later than the 109th day before the date of the election.
195	195	(c) The municipality must provide on its website in an
196	196	easily accessible location a clear and concise explanation of the
197	197	process used to submit a petition requesting an election on an
198	198	amendment to the municipality's charter or a voter-initiated
199	199	initiative or referendum.
200	200	SECTION 12. Section 277.004, Election Code, is repealed.
201	201	SECTION 13. Not later than January 1, 2018, the secretary of
202	202	state shall adopt a petition form as required by Section 277.005,
203	203	Election Code, as added by this Act.
204	204	SECTION 14. The changes in law made by this Act apply only
205	205	to a petition submitted on or after January 1, 2018.
206	206	SECTION 15. This Act takes effect September 1, 2017.