89R1054 AMF-D
By: Tepper H.B. No. 524
A BILL TO BE ENTITLED
AN ACT
relating to the review and approval of certain proposed municipal
initiatives and referendums.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 51, Local Government Code,
is amended by adding Section 51.080 to read as follows:
Sec. 51.080. PROVISIONS APPLICABLE TO PROPOSED INITIATIVES
AND REFERENDUMS. (a) This section applies only to a home-rule
municipality that provides in its charter for the proposal by
petition and voter approval of a measure to:
(1) adopt a new ordinance, regulation, or other
measure; or
(2) amend or repeal an existing ordinance, regulation,
or other measure.
(b) Before ordering an election on a measure described by
Subsection (a), a municipality shall submit the measure to the
attorney general. The municipality must submit the measure to the
attorney general not later than the fifth day after the day the
municipality receives the petition on the measure. The attorney
general shall, not later than the 30th day after the day the
municipality submits the measure to the attorney general:
(1) determine whether any portion of the measure would
violate state law; and
(2) advise the municipality in writing of its
determination.
(c) Subject to Subsections (d) and (e), a municipality may
not hold an election on a measure described by Subsection (a) if the
attorney general determines that any portion of the measure would
violate state law.
(d) A municipality shall order an election on a measure if
the attorney general does not comply with the requirements of
Subsection (b) in the time and manner prescribed by that
subsection.
(e) A qualified voter of a municipality that submits a
measure to the attorney general under this section may bring an
action to challenge a determination by the attorney general under
Subsection (b) that the measure would violate state law. The
municipality:
(1) shall order an election on the measure if the court
finds that the measure would not violate state law; and
(2) may not order an election on the measure if the
court finds that the measure would violate state law.
(f) A municipality must hold an election on a measure
described by Subsection (a) on a uniform election date.
(g) To the extent that the requirements of this section
conflict with a municipal charter provision requiring the
municipality to order an election within a period following receipt
of a petition, this section controls and the period during which the
municipality must order the election is extended to the extent
necessary to comply with this section.
SECTION 2. Section 51.079, Local Government Code, is
repealed.
SECTION 3. The changes in law made by this Act apply only to
a petition requesting an election on a measure submitted to a
municipality on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2025.