Bill Text: TX SB616 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requirements for a ballot proposition for a proposed municipal charter amendment.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-02-13 - Referred to Intergovernmental Relations [SB616 Detail]
Download: Texas-2017-SB616-Introduced.html
| 85R7599 SCL-D | ||
| By: Campbell | S.B. No. 616 | |
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| relating to requirements for a ballot proposition for a proposed | ||
| municipal charter amendment. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 9.004, Local Government Code, is amended | ||
| by adding Subsection (e-1) to read as follows: | ||
| (e-1) The ballot proposition for a proposed charter | ||
| amendment must substantially submit the question with such | ||
| definiteness and certainty that voters are not misled. | ||
| SECTION 2. Chapter 9, Local Government Code, is amended by | ||
| adding Section 9.0045 to read as follows: | ||
| Sec. 9.0045. MANDAMUS ACTION FOR PROPOSED CHARTER AMENDMENT | ||
| BALLOT PROPOSITION. (a) A registered voter residing in a | ||
| municipality in which the governing body of the municipality has | ||
| submitted a proposed charter amendment to the voters for an | ||
| upcoming election may file an action for a writ of mandamus to | ||
| compel the governing body to comply with Section 9.004(e-1). | ||
| (b) A municipality defending an action described by | ||
| Subsection (a) may not accept pro bono legal services to defend the | ||
| action. | ||
| (c) The court shall award a plaintiff who substantially | ||
| prevails in a mandamus action described by Subsection (a) the | ||
| party's reasonable attorney's fees, expenses, and court costs. The | ||
| court may award a municipality that substantially prevails in the | ||
| action the municipality's court costs, but the court may not award | ||
| the municipality its reasonable attorney's fees or expenses. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a municipal charter amendment for which an election is held on or | ||
| after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
