HB524 - Relating to the review and approval of certain proposed municipal initiatives and referenda.

  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.