By: Parker, et al. S.B. No. 1059
(In the Senate - Filed February 3, 2025; February 24, 2025,
read first time and referred to Committee on Local Government;
March 25, 2025, reported favorably by the following vote: Yeas 4,
Nays 3; March 25, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governing body of a home-rule
municipality to submit a proposed charter amendment to the voters
for approval if application of the provisions of the amendment
would be contrary to state law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.004(a), Local Government Code, is
amended to read as follows:
(a) Except as provided by Sections 9.0041 and [Section]
9.0045, the governing body of a municipality on its own motion may
submit a proposed charter amendment to the municipality's qualified
voters for their approval at an election. The governing body shall
submit a proposed charter amendment to the voters for their
approval at an election if the submission is supported by a petition
signed by a number of qualified voters of the municipality equal to
at least five percent of the number of qualified voters of the
municipality or 20,000, whichever number is the smaller.
SECTION 2. Chapter 9, Local Government Code, is amended by
adding Section 9.0041 to read as follows:
Sec. 9.0041. AUTHORITY TO PROPOSE CHARTER AMENDMENT
CONTRARY TO STATE LAW. The governing body of a municipality may not
submit a proposed charter amendment to the voters for approval if
application of the provisions of the amendment would be contrary to
state law.
SECTION 3. This Act takes effect September 1, 2025.
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