| 1 | 1 | | 88R24961 KBB-D |
|---|
| 2 | 2 | | By: DeAyala H.B. No. 4701 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 4701: |
|---|
| 4 | 4 | | By: Swanson C.S.H.B. No. 4701 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the review of ballot proposition language for certain |
|---|
| 10 | 10 | | elections held by home-rule municipalities. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Chapter 9, Local Government Code, is amended by |
|---|
| 13 | 13 | | adding Section 9.009 to read as follows: |
|---|
| 14 | 14 | | Sec. 9.009. REVIEW OF BALLOT PROPOSITION LANGUAGE. (a) A |
|---|
| 15 | 15 | | municipality seeking to hold an election on a charter amendment or a |
|---|
| 16 | 16 | | voter-initiated initiative or referendum requested by a petition |
|---|
| 17 | 17 | | shall submit to the attorney general: |
|---|
| 18 | 18 | | (1) the ballot proposition language; and |
|---|
| 19 | 19 | | (2) a brief statement on the purpose of the |
|---|
| 20 | 20 | | proposition. |
|---|
| 21 | 21 | | (b) On receiving a submission under Subsection (a), the |
|---|
| 22 | 22 | | attorney general shall review the ballot proposition language |
|---|
| 23 | 23 | | before the election may be held. |
|---|
| 24 | 24 | | (c) If the attorney general finds the proposition is |
|---|
| 25 | 25 | | consistent with state law, the attorney general shall approve the |
|---|
| 26 | 26 | | language of the proposition for the ballot. |
|---|
| 27 | 27 | | (d) If the attorney general finds the proposition is not |
|---|
| 28 | 28 | | consistent with state law, the attorney general shall disapprove |
|---|
| 29 | 29 | | the language of the proposition. Language that has been |
|---|
| 30 | 30 | | disapproved under this subsection may not be used on the ballot at |
|---|
| 31 | 31 | | the election. |
|---|
| 32 | 32 | | (e) If the attorney general does not approve or disapprove |
|---|
| 33 | 33 | | the language of a proposition before the 40th day after the |
|---|
| 34 | 34 | | proposition was submitted, the proposition is approved for use on |
|---|
| 35 | 35 | | the ballot. |
|---|
| 36 | 36 | | (f) If a proposition is disapproved under Subsection (d), |
|---|
| 37 | 37 | | the municipality that submitted the proposition may submit |
|---|
| 38 | 38 | | alternate language in the same manner as the initial submission. |
|---|
| 39 | 39 | | (g) A municipality may not submit a proposition or alternate |
|---|
| 40 | 40 | | language under this section after the 120th day before the date of |
|---|
| 41 | 41 | | the election. |
|---|
| 42 | 42 | | (h) To the extent of a conflict between this section and any |
|---|
| 43 | 43 | | provision of law requiring a municipality to hold an election |
|---|
| 44 | 44 | | within a certain period, this section controls. |
|---|
| 45 | 45 | | (i) The attorney general may adopt rules to implement this |
|---|
| 46 | 46 | | section. |
|---|
| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 48 | 48 | | to an election ordered on or after the effective date of this Act. |
|---|
| 49 | 49 | | An election ordered before the effective date of this Act is |
|---|
| 50 | 50 | | governed by the law in effect when the election was ordered, and the |
|---|
| 51 | 51 | | former law is continued in effect for that purpose. |
|---|
| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|