By: Burrows H.B. No. 235
A BILL TO BE ENTITLED
AN ACT
relating to the date on which a home rule municipality may order an
election for proposed charter amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.004, Local Government Code, is amended
to read as follows:
Sec. 9.004. CHARTER AMENDMENTS. (a) The governing body of
a municipality on its own motion may submit a proposed charter
amendment to the municipality's qualified voters for their approval
at an election. The governing body shall submit a proposed charter
amendment to the voters for their approval at an election if the
submission is supported by a petition signed by a number of
qualified voters of the municipality equal to at least five percent
of the number of qualified voters of the municipality or 20,000,
whichever number is the smaller.
(b) The ordinance ordering the election shall provide for
the election to be held on earlier of the first authorized uniform
election date prescribed by the Election Code,or on the earlier of
the date of the next municipal general election, or the date of the
next presidential general election. The election date must allow
sufficient time to comply with other requirements of law and must
occur on or after the 30th day after the date the ordinance is
adopted.
(c) Notice of the election shall be published in a newspaper
of general circulation published in the municipality. The notice
must:
(1) include a substantial copy of the proposed
amendment;
(2) include an estimate of the anticipated fiscal
impact to the municipality if the proposed amendment is approved at
the election; and
(3) be published on the same day in each of two
successive weeks, with the first publication occurring before the
14th day before the date of the election.
(d) An amendment may not contain more than one subject.
(e) The ballot shall be prepared so that a voter may approve
or disapprove any one or more amendments without having to approve
or disapprove all of the amendments.
(f) The requirement imposed by Subsection (c)(2) does not
waive governmental immunity for any purpose and a person may not
seek injunctive relief or any other judicial remedy to enforce the
estimate of the anticipated fiscal impact on the municipality.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.