Bill Text: TX SB466 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to certain petitions filed with home-rule municipalities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-06 - Referred to Intergovernmental Relations [SB466 Detail]
Download: Texas-2017-SB466-Introduced.html
85R4225 ATP-F | ||
By: Lucio | S.B. No. 466 |
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relating to certain petitions filed with home-rule municipalities. | ||
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. This | ||
chapter preempts any [ |
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verification of petition signatures [ |
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charter provision or a city ordinance [ |
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SECTION 2. Subchapter E, Chapter 51, Local Government Code, | ||
is amended by adding Sections 51.080, 51.081, 51.082, and 51.083 to | ||
read as follows: | ||
Sec. 51.080. TIME TO FILE PETITION. (a) A petition | ||
regarding an election on 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) The secretary of | ||
state shall prescribe a petition form that complies with state law | ||
applicable to the filing of a petition with a municipality in | ||
connection with an election. The petition form must: | ||
(1) require only the provision of information required | ||
under Chapter 277, Election Code; and | ||
(2) allow a petitioner to add the purpose of the | ||
petition to the form. | ||
(b) A municipality shall make the petition form available on | ||
the official website, if any, of the municipality. | ||
(c) 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. | ||
Sec. 51.082. VALIDITY OF PETITION SIGNATURE. A signature on | ||
a petition filed in connection with an election is valid if the | ||
information provided with the signature as required by Section | ||
277.002, Election Code, and other applicable law legibly provides | ||
enough information to demonstrate that the signer: | ||
(1) is eligible to have signed the petition; and | ||
(2) signed the petition within the time prescribed by | ||
law. | ||
Sec. 51.083. WEBSITE POSTING OF INFORMATION RELATING TO | ||
PETITIONS. A municipality shall conspicuously post on its official | ||
website, if any, information relating to citizen-initiated | ||
petitions. This information must contain a link to the petition | ||
form posted under Section 51.081(b). | ||
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, 2017. |