| 1 | 1 | | 85R7599 SCL-D |
|---|
| 2 | 2 | | By: Campbell S.B. No. 616 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to requirements for a ballot proposition for a proposed |
|---|
| 8 | 8 | | municipal charter amendment. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 9.004, Local Government Code, is amended |
|---|
| 11 | 11 | | by adding Subsection (e-1) to read as follows: |
|---|
| 12 | 12 | | (e-1) The ballot proposition for a proposed charter |
|---|
| 13 | 13 | | amendment must substantially submit the question with such |
|---|
| 14 | 14 | | definiteness and certainty that voters are not misled. |
|---|
| 15 | 15 | | SECTION 2. Chapter 9, Local Government Code, is amended by |
|---|
| 16 | 16 | | adding Section 9.0045 to read as follows: |
|---|
| 17 | 17 | | Sec. 9.0045. MANDAMUS ACTION FOR PROPOSED CHARTER AMENDMENT |
|---|
| 18 | 18 | | BALLOT PROPOSITION. (a) A registered voter residing in a |
|---|
| 19 | 19 | | municipality in which the governing body of the municipality has |
|---|
| 20 | 20 | | submitted a proposed charter amendment to the voters for an |
|---|
| 21 | 21 | | upcoming election may file an action for a writ of mandamus to |
|---|
| 22 | 22 | | compel the governing body to comply with Section 9.004(e-1). |
|---|
| 23 | 23 | | (b) A municipality defending an action described by |
|---|
| 24 | 24 | | Subsection (a) may not accept pro bono legal services to defend the |
|---|
| 25 | 25 | | action. |
|---|
| 26 | 26 | | (c) The court shall award a plaintiff who substantially |
|---|
| 27 | 27 | | prevails in a mandamus action described by Subsection (a) the |
|---|
| 28 | 28 | | party's reasonable attorney's fees, expenses, and court costs. The |
|---|
| 29 | 29 | | court may award a municipality that substantially prevails in the |
|---|
| 30 | 30 | | action the municipality's court costs, but the court may not award |
|---|
| 31 | 31 | | the municipality its reasonable attorney's fees or expenses. |
|---|
| 32 | 32 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 33 | 33 | | to a municipal charter amendment for which an election is held on or |
|---|
| 34 | 34 | | after the effective date of this Act. |
|---|
| 35 | 35 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|