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