| 1 | 1 | | By: Burrows H.B. No. 235 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the date on which a home rule municipality may order an |
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| 7 | 7 | | election for proposed charter amendments. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 9.004, Local Government Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | Sec. 9.004. CHARTER AMENDMENTS. (a) The governing body of |
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| 12 | 12 | | a municipality on its own motion may submit a proposed charter |
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| 13 | 13 | | amendment to the municipality's qualified voters for their approval |
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| 14 | 14 | | at an election. The governing body shall submit a proposed charter |
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| 15 | 15 | | amendment to the voters for their approval at an election if the |
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| 16 | 16 | | submission is supported by a petition signed by a number of |
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| 17 | 17 | | qualified voters of the municipality equal to at least five percent |
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| 18 | 18 | | of the number of qualified voters of the municipality or 20,000, |
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| 19 | 19 | | whichever number is the smaller. |
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| 20 | 20 | | (b) The ordinance ordering the election shall provide for |
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| 21 | 21 | | the election to be held on earlier of the first authorized uniform |
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| 22 | 22 | | election date prescribed by the Election Code,or on the earlier of |
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| 23 | 23 | | the date of the next municipal general election, or the date of the |
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| 24 | 24 | | next presidential general election. The election date must allow |
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| 25 | 25 | | sufficient time to comply with other requirements of law and must |
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| 26 | 26 | | occur on or after the 30th day after the date the ordinance is |
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| 27 | 27 | | adopted. |
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| 28 | 28 | | (c) Notice of the election shall be published in a newspaper |
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| 29 | 29 | | of general circulation published in the municipality. The notice |
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| 30 | 30 | | must: |
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| 31 | 31 | | (1) include a substantial copy of the proposed |
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| 32 | 32 | | amendment; |
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| 33 | 33 | | (2) include an estimate of the anticipated fiscal |
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| 34 | 34 | | impact to the municipality if the proposed amendment is approved at |
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| 35 | 35 | | the election; and |
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| 36 | 36 | | (3) be published on the same day in each of two |
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| 37 | 37 | | successive weeks, with the first publication occurring before the |
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| 38 | 38 | | 14th day before the date of the election. |
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| 39 | 39 | | (d) An amendment may not contain more than one subject. |
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| 40 | 40 | | (e) The ballot shall be prepared so that a voter may approve |
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| 41 | 41 | | or disapprove any one or more amendments without having to approve |
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| 42 | 42 | | or disapprove all of the amendments. |
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| 43 | 43 | | (f) The requirement imposed by Subsection (c)(2) does not |
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| 44 | 44 | | waive governmental immunity for any purpose and a person may not |
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| 45 | 45 | | seek injunctive relief or any other judicial remedy to enforce the |
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| 46 | 46 | | estimate of the anticipated fiscal impact on the municipality. |
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| 47 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect on the 91st day after the last day of the |
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| 52 | 52 | | legislative session. |
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