88R24961 KBB-D
By: DeAyala H.B. No. 4701
Substitute the following for H.B. No. 4701:
By: Swanson C.S.H.B. No. 4701
A BILL TO BE ENTITLED
AN ACT
relating to the review of ballot proposition language for certain
elections held by home-rule municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 9, Local Government Code, is amended by
adding Section 9.009 to read as follows:
Sec. 9.009. REVIEW OF BALLOT PROPOSITION LANGUAGE. (a) A
municipality seeking to hold an election on a charter amendment or a
voter-initiated initiative or referendum requested by a petition
shall submit to the attorney general:
(1) the ballot proposition language; and
(2) a brief statement on the purpose of the
proposition.
(b) On receiving a submission under Subsection (a), the
attorney general shall review the ballot proposition language
before the election may be held.
(c) If the attorney general finds the proposition is
consistent with state law, the attorney general shall approve the
language of the proposition for the ballot.
(d) If the attorney general finds the proposition is not
consistent with state law, the attorney general shall disapprove
the language of the proposition. Language that has been
disapproved under this subsection may not be used on the ballot at
the election.
(e) If the attorney general does not approve or disapprove
the language of a proposition before the 40th day after the
proposition was submitted, the proposition is approved for use on
the ballot.
(f) If a proposition is disapproved under Subsection (d),
the municipality that submitted the proposition may submit
alternate language in the same manner as the initial submission.
(g) A municipality may not submit a proposition or alternate
language under this section after the 120th day before the date of
the election.
(h) To the extent of a conflict between this section and any
provision of law requiring a municipality to hold an election
within a certain period, this section controls.
(i) The attorney general may adopt rules to implement this
section.
SECTION 2. The change in law made by this Act applies only
to an election ordered on or after the effective date of this Act.
An election ordered before the effective date of this Act is
governed by the law in effect when the election was ordered, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.