Texas 2025 - 89th Regular

Texas House Bill HB524 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R20444 DNC-D
2		-	By: Tepper, Spiller H.B. No. 524
3		-	Substitute the following for H.B. No. 524:
4		-	By: Bell of Montgomery C.S.H.B. No. 524
	1	+	89R1054 AMF-D
	2	+	By: Tepper H.B. No. 524
5	3
6	4
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to the review and approval of certain proposed municipal
12		-	initiatives and ~~referenda~~.
	10	+	initiatives and referendums.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Subchapter E, Chapter 51, Local Government Code,
15	13		is amended by adding Section 51.080 to read as follows:
16	14		Sec. 51.080. PROVISIONS APPLICABLE TO PROPOSED INITIATIVES
17		-	AND ~~REFERENDA~~. (a) This section applies only to a home-rule
	15	+	AND REFERENDUMS. (a) This section applies only to a home-rule
18	16		municipality that provides in its charter for the proposal by
19	17		petition and voter approval of a measure to:
20	18		(1) adopt a new ordinance, regulation, or other
21	19		measure; or
22	20		(2) amend or repeal an existing ordinance, regulation,
23	21		or other measure.
24	22		(b) Before ordering an election on a measure described by
25		-	Subsection (a), a municipality shall~~, not later than~~ the ~~fifth day~~
26		-	~~after the date~~ the municipality ~~receives~~ the ~~petition on~~ the
27		-	~~measure, submit the measure to the~~ attorney general~~. Except as~~
28		-	~~provided by Subsection (c),~~ the attorney ~~general shall, not later~~
29		-	than the 30th day after the ~~date~~ the ~~municipality submits the~~
30		-	measure to the attorney general:
	23	+	Subsection (a), a municipality shall submit the measure to the
	24	+	attorney general. The municipality must submit the measure to the
	25	+	attorney general not later than the fifth day after the day the
	26	+	municipality receives the petition on the measure. The attorney
	27	+	general shall, not later than the 30th day after the day the
	28	+	municipality submits the measure to the attorney general:
31	29		(1) determine whether any portion of the measure would
32	30		violate state law; and
33		-	(2) advise the municipality in writing of the attorney
34		-	general's determination.
35		-	(c) The attorney general may extend the time for advising
36		-	the municipality under Subsection (b) by two weeks if, as soon as
37		-	practicable after the attorney general receives the measure from
38		-	the municipality, the attorney general provides written notice of
39		-	the extension to the municipality.
40		-	(d) Subject to Subsection (e), a municipality may not hold
41		-	an election on a measure described by Subsection (a) if the attorney
42		-	general determines that any portion of the measure would violate
43		-	state law.
44		-	(e) A municipality shall order an election on a measure if
45		-	the attorney general does not comply with any applicable
46		-	requirements of Subsections (b) and (c) in the time and manner
47		-	prescribed by those subsections.
	31	+	(2) advise the municipality in writing of its
	32	+	determination.
	33	+	(c) Subject to Subsections (d) and (e), a municipality may
	34	+	not hold an election on a measure described by Subsection (a) if the
	35	+	attorney general determines that any portion of the measure would
	36	+	violate state law.
	37	+	(d) A municipality shall order an election on a measure if
	38	+	the attorney general does not comply with the requirements of
	39	+	Subsection (b) in the time and manner prescribed by that
	40	+	subsection.
	41	+	(e) A qualified voter of a municipality that submits a
	42	+	measure to the attorney general under this section may bring an
	43	+	action to challenge a determination by the attorney general under
	44	+	Subsection (b) that the measure would violate state law. The
	45	+	municipality:
	46	+	(1) shall order an election on the measure if the court
	47	+	finds that the measure would not violate state law; and
	48	+	(2) may not order an election on the measure if the
	49	+	court finds that the measure would violate state law.
48	50		(f) A municipality must hold an election on a measure
49	51		described by Subsection (a) on a uniform election date.
50	52		(g) To the extent that the requirements of this section
51	53		conflict with a municipal charter provision requiring the
52	54		municipality to order an election within a period following receipt
53	55		of a petition, this section controls and the period during which the
54	56		municipality must order the election is extended to the extent
55	57		necessary to comply with this section.
56	58		SECTION 2. Section 51.079, Local Government Code, is
57	59		repealed.
58	60		SECTION 3. The changes in law made by this Act apply only to
59	61		a petition requesting an election on a measure submitted to a
60	62		municipality on or after the effective date of this Act.
61	63		SECTION 4. This Act takes effect September 1, 2025.