85R4225 ATP-F By: Lucio S.B. No. 466 A BILL TO BE ENTITLED AN ACT 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 [Any] requirements for the validity or verification of petition signatures [in addition to those prescribed by this chapter] that are prescribed by a home-rule city charter provision or a city ordinance [are effective only if the charter provision or ordinance was in effect September 1, 1985]. 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.