89R20444 DNC-D
By: Tepper, Spiller H.B. No. 524
Substitute the following for H.B. No. 524:
By: Bell of Montgomery C.S.H.B. No. 524
A BILL TO BE ENTITLED
AN ACT
relating to the review and approval of certain proposed municipal
initiatives and referenda.
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 REFERENDA. (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, not later than the fifth day
after the date the municipality receives the petition on the
measure, submit the measure to the attorney general. Except as
provided by Subsection (c), the attorney general shall, not later
than the 30th day after the date 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 the attorney
general's determination.
(c) The attorney general may extend the time for advising
the municipality under Subsection (b) by two weeks if, as soon as
practicable after the attorney general receives the measure from
the municipality, the attorney general provides written notice of
the extension to the municipality.
(d) Subject to Subsection (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.
(e) A municipality shall order an election on a measure if
the attorney general does not comply with any applicable
requirements of Subsections (b) and (c) in the time and manner
prescribed by those subsections.
(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.