Bill Text: TX HB2762 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to certain petitions prescribed by law outside the Election Code.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2015-05-12 - Placed on General State Calendar [HB2762 Detail]
Download: Texas-2015-HB2762-Comm_Sub.html
84R20441 SRS-F | |||
By: Laubenberg, Leach, Shaheen, | H.B. No. 2762 | ||
Turner of Collin | |||
Substitute the following for H.B. No. 2762: | |||
By: Schofield | C.S.H.B. No. 2762 |
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relating to certain petitions prescribed by law outside the | ||
Election Code. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 277.004, Election Code, is amended to | ||
read as follows: | ||
Sec. 277.004. EFFECT OF CITY CHARTER OR ORDINANCE. Except | ||
for the requirements under Sections 51.080 and 51.081, Local | ||
Government Code, any [ |
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verification of petition signatures in addition to those prescribed | ||
by this chapter that are prescribed by a home-rule city charter | ||
provision or a city ordinance are effective only if the charter | ||
provision or ordinance was in effect September 1, 1985. | ||
SECTION 2. Subchapter E, Chapter 51, Local Government Code, | ||
is amended by adding Sections 51.080 and 51.081 to read as follows: | ||
Sec. 51.080. TIME TO FILE PETITION. (a) A petition | ||
regarding the repeal of an order, ordinance, or resolution must be | ||
filed not later than the 90th day after the later of the date on | ||
which the order, ordinance, or resolution: | ||
(1) finally passed; or | ||
(2) was published. | ||
(b) If the secretary of the municipality or other authority | ||
responsible for verifying the signatures determines the petition | ||
contains an insufficient number of valid signatures, the secretary | ||
or other authority shall state all the grounds for invalidating a | ||
signature. | ||
(c) If a petition is invalidated and later refiled, the | ||
secretary of the municipality or other authority responsible for | ||
verifying the signatures may not invalidate a subsequent petition | ||
on grounds that existed but were not raised during the initial | ||
determination of the petition's validity. | ||
(d) This section does not apply to a change in a provision of | ||
the municipal charter. | ||
Sec. 51.081. CONTENT OF PETITION. (a) A municipality must | ||
make available on the official website, if any, of the municipality | ||
a petition form that complies with state law and the municipality's | ||
ordinances, orders, and other resolutions that apply to the filing | ||
of a petition with the municipality. | ||
(b) The secretary of the municipality or other authority | ||
responsible for verifying the signatures may not invalidate a | ||
petition because the petition did not contain information that the | ||
municipality's petition form under Subsection (a) failed to provide | ||
or to require to be provided. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a petition filed on or after the effective date of this Act. A | ||
petition filed before the effective date of this Act is governed by | ||
the law in effect when the petition was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2015. |