Relating to the review and approval of certain proposed municipal initiatives and referenda.

89(R) HB 524 - House Committee Report version - Bill Text

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.