Texas 2019 - 86th Regular

Texas House Bill HB4537 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6916 ATP-D
2	2	By: Swanson H.B. No. 4537
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for certain petitions requesting an
8	8	election and ballot propositions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 52.072, Election Code, is amended by
11	11	adding Subsection (f) to read as follows:
12	12	(f) A proposition must substantially submit the question
13	13	with such definiteness and certainty that the voters are not
14	14	misled.
15	15	SECTION 2. Chapter 233, Election Code, is amended by adding
16	16	Section 233.0115 to read as follows:
17	17	Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
18	18	orders a new election under Section 233.011, a person may seek from
19	19	the court a writ of mandamus to compel the governing body of a city
20	20	to comply with the requirement that a ballot proposition must
21	21	substantially submit the question with such definiteness and
22	22	certainty that the voters are not misled, as provided by Section
23	23	273.102.
24	24	SECTION 3. Section 253.094(b), Election Code, is amended to
25	25	read as follows:
26	26	(b) A corporation or labor organization may not make a
27	27	political contribution in connection with a recall election,
28	28	including the circulation and submission of a petition to call an
29	29	election. This subsection does not prohibit a religious
30	30	organization from circulating or submitting a petition in
31	31	connection with a recall election.
32	32	SECTION 4. Chapter 273, Election Code, is amended by adding
33	33	Subchapter F to read as follows:
34	34	SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
35	35	Sec. 273.101. REVIEW BY SECRETARY OF STATE. (a) Not later
36	36	than the seventh day after the date on which a home-rule city
37	37	publishes in the election order or by other means ballot
38	38	proposition language proposing an amendment to the city charter or
39	39	a voter-initiated initiative or referendum as requested by
40	40	petition, a registered voter eligible to vote in the election may
41	41	submit the proposition for review by the secretary of state.
42	42	(b) The secretary of state shall review the proposition not
43	43	later than the seventh day after the date the secretary receives the
44	44	submission to determine whether the proposition is misleading or
45	45	inaccurate.
46	46	(c) If the secretary of state determines that the
47	47	proposition is misleading or inaccurate, the city shall draft a
48	48	proposition to cure the defects and give notice of the new
49	49	proposition using the method of giving notice prescribed for notice
50	50	of an election under Section 4.003.
51	51	(d) A proposition drafted by a city under Subsection (c) to
52	52	cure the defects may be submitted to the secretary of state under
53	53	Subsection (a). If the secretary of state determines that the city
54	54	has on its third attempt drafted a proposition that is misleading or
55	55	inaccurate, the secretary of state shall draft the ballot
56	56	proposition.
57	57	Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a
58	58	court of competent jurisdiction seeking a writ of mandamus to
59	59	compel the city's governing body to comply with the requirement
60	60	that a ballot proposition must substantially submit the question
61	61	with such definiteness and certainty that the voters are not
62	62	misled, the court shall make its determination without delay and
63	63	may order the city to use ballot proposition language drafted by the
64	64	court.
65	65	(b) The court may award a plaintiff or relator who
66	66	substantially prevails in a mandamus action described by Subsection
67	67	(a) the party's reasonable attorney's fees, expenses, and court
68	68	costs.
69	69	(c) Governmental immunity to suit is waived and abolished
70	70	only to the extent of the liability created by Subsection (b).
71	71	Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE.
72	72	Following a final nonappealable judgment containing a finding by a
73	73	court that a ballot proposition drafted by a city failed to
74	74	substantially submit the question with such definiteness and
75	75	certainty that the voters are not misled, the city shall submit to
76	76	the secretary of state for approval any proposition to be voted on
77	77	at an election held by the city before the fourth anniversary of the
78	78	court's finding.
79	79	Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES.
80	80	Notwithstanding a home-rule city charter provision to the contrary,
81	81	a city may not accept legal services relating to a proceeding under
82	82	this subchapter without paying fair market value for those
83	83	services.
84	84	SECTION 5. Sections 277.001, 277.002, 277.0021, 277.0022,
85	85	277.0023, 277.0024, and 277.003, Election Code, are designated as
86	86	Subchapter A, Chapter 277, Election Code, and a heading is added to
87	87	Subchapter A to read as follows:
88	88	SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND
89	89	VERIFICATION OF PETITIONS
90	90	SECTION 6. Section 277.001, Election Code, is amended to
91	91	read as follows:
92	92	Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
93	93	subchapter [chapter] applies to a petition authorized or required
94	94	to be filed under a law outside this code in connection with an
95	95	election.
96	96	SECTION 7. Section 277.002, Election Code, is amended by
97	97	adding Subsection (f) to read as follows:
98	98	(f) The illegibility of a signature on a petition submitted
99	99	to a home-rule city is not a valid basis for invalidating the
100	100	signature if the information provided with the signature as
101	101	required by this section and other applicable law legibly provides
102	102	enough information to demonstrate that the signer:
103	103	(1) is eligible to have signed the petition; and
104	104	(2) signed the petition on or after the 180th day
105	105	before the date the petition was filed.
106	106	SECTION 8. Subchapter A, Chapter 277, Election Code, as
107	107	added by this Act, is amended by adding Section 277.005 to read as
108	108	follows:
109	109	Sec. 277.005. PETITION FORM; USE BY CITY AND OTHER PERSONS.
110	110	(a) The secretary of state shall prescribe a form, content, and
111	111	procedure for a petition.
112	112	(b) A home-rule city that uses a form that is different from
113	113	the official form prescribed under Subsection (a) may not
114	114	invalidate a petition because the petition does not contain
115	115	information that the petition form failed to provide for or to
116	116	require to be provided.
117	117	(c) A person who circulates or submits a petition is not
118	118	required to use a petition form prescribed by the secretary of state
119	119	or a home-rule city. A petition that does not use an officially
120	120	prescribed form must contain the substantial elements required to
121	121	be provided on the officially prescribed form.
122	122	SECTION 9. Chapter 277, Election Code, is amended by adding
123	123	Subchapter B to read as follows:
124	124	SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
125	125	Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
126	126	applies to a home-rule city that has a procedure requiring the
127	127	governing body of the city to hold an election on receipt of a
128	128	petition requesting the election that complies with the applicable
129	129	requirements.
130	130	Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
131	131	provisions of this subchapter apply notwithstanding any city
132	132	charter provision or other law.
133	133	Sec. 277.033. DETERMINATION OF VALIDITY. The city
134	134	secretary shall determine the validity of a petition submitted
135	135	under this subchapter, including by verifying the petition
136	136	signatures, not later than the 30th day after the date the city
137	137	receives the petition.
138	138	Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city
139	139	may not restrict who may collect petition signatures.
140	140	SECTION 10. Sections 9.004(a) and (c), Local Government
141	141	Code, are amended to read as follows:
142	142	(a) The governing body of a municipality on its own motion
143	143	may submit a proposed charter amendment to the municipality's
144	144	qualified voters for their approval at an election. The governing
145	145	body shall submit a proposed charter amendment to the voters for
146	146	their approval at an election if the submission is supported by a
147	147	petition signed by a number of registered [qualified] voters of the
148	148	municipality equal to at least five percent of the number of
149	149	registered [qualified] voters of the municipality on the date of
150	150	the most recent election held throughout the municipality or
151	151	20,000, whichever number is the smaller.
152	152	(c) Notice of the election shall be published in a newspaper
153	153	of general circulation published in the municipality. The notice
154	154	must:
155	155	(1) include a substantial copy of the proposed
156	156	amendment in which language sought to be deleted by the amendment is
157	157	bracketed and stricken through and language sought to be added by
158	158	the amendment is underlined;
159	159	(2) include an estimate of the anticipated fiscal
160	160	impact to the municipality if the proposed amendment is approved at
161	161	the election; and
162	162	(3) be published on the same day in each of two
163	163	successive weeks, with the first publication occurring before the
164	164	14th day before the date of the election.
165	165	SECTION 11. Section 277.004, Election Code, is repealed.
166	166	SECTION 12. Not later than January 1, 2020, the secretary of
167	167	state shall adopt a petition form as required by Section 277.005,
168	168	Election Code, as added by this Act.
169	169	SECTION 13. The changes in law made by this Act apply only
170	170	to a petition submitted on or after January 1, 2020.
171	171	SECTION 14. This Act takes effect September 1, 2019.