Bill Text: TX HB4701 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the review of ballot proposition language for certain elections held by home-rule municipalities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB4701 Detail]
Download: Texas-2023-HB4701-Comm_Sub.html
| 88R24961 KBB-D | |||
| By: DeAyala | H.B. No. 4701 | ||
| Substitute the following for H.B. No. 4701: | |||
| By: Swanson | C.S.H.B. No. 4701 | ||
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| relating to the review of ballot proposition language for certain | ||
| elections held by home-rule municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 9, Local Government Code, is amended by | ||
| adding Section 9.009 to read as follows: | ||
| Sec. 9.009. REVIEW OF BALLOT PROPOSITION LANGUAGE. (a) A | ||
| municipality seeking to hold an election on a charter amendment or a | ||
| voter-initiated initiative or referendum requested by a petition | ||
| shall submit to the attorney general: | ||
| (1) the ballot proposition language; and | ||
| (2) a brief statement on the purpose of the | ||
| proposition. | ||
| (b) On receiving a submission under Subsection (a), the | ||
| attorney general shall review the ballot proposition language | ||
| before the election may be held. | ||
| (c) If the attorney general finds the proposition is | ||
| consistent with state law, the attorney general shall approve the | ||
| language of the proposition for the ballot. | ||
| (d) If the attorney general finds the proposition is not | ||
| consistent with state law, the attorney general shall disapprove | ||
| the language of the proposition. Language that has been | ||
| disapproved under this subsection may not be used on the ballot at | ||
| the election. | ||
| (e) If the attorney general does not approve or disapprove | ||
| the language of a proposition before the 40th day after the | ||
| proposition was submitted, the proposition is approved for use on | ||
| the ballot. | ||
| (f) If a proposition is disapproved under Subsection (d), | ||
| the municipality that submitted the proposition may submit | ||
| alternate language in the same manner as the initial submission. | ||
| (g) A municipality may not submit a proposition or alternate | ||
| language under this section after the 120th day before the date of | ||
| the election. | ||
| (h) To the extent of a conflict between this section and any | ||
| provision of law requiring a municipality to hold an election | ||
| within a certain period, this section controls. | ||
| (i) The attorney general may adopt rules to implement this | ||
| section. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an election ordered on or after the effective date of this Act. | ||
| An election ordered before the effective date of this Act is | ||
| governed by the law in effect when the election was ordered, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
