85R4306 ATP-D     By: Bettencourt S.B. No. 488       A BILL TO BE ENTITLED   AN ACT   relating to requirements for certain petitions requesting an   election and ballot propositions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 52.072, Election Code, is amended by   adding Subsection (f) to read as follows:          (f)  A proposition must substantially submit the question   with such definiteness and certainty that the voters are not   misled.          SECTION 2.  Section 253.094(b), Election Code, is amended to   read as follows:          (b)  A corporation or labor organization, other than a   religious organization, may not make a political contribution in   connection with a recall election, including the circulation and   submission of a petition to call an election.          SECTION 3.  Chapter 273, Election Code, is amended by adding   Subchapter F to read as follows:   SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS          Sec. 273.101.  REVIEW BY SECRETARY OF STATE. (a)  Not later   than the seventh day after the date on which a home-rule city   publishes in the election order or by other means ballot   proposition language proposing an amendment to the city charter or   to another city law as requested by petition, a registered voter   eligible to vote in the election may submit the proposition for   review by the secretary of state.          (b)  The secretary of state shall review the proposition not   later than the seventh day after the date the secretary receives the   submission to determine whether the proposition is misleading or   inaccurate.          (c)  If the secretary of state determines that the   proposition is misleading or inaccurate, the city shall draft a   proposition to cure the defects and give notice of the new   proposition using the method of giving notice prescribed for notice   of an election under Section 4.003.          Sec. 273.102.  MANDAMUS ACTIONS. (a) In an action in a   district court seeking a writ of mandamus to compel the city's   governing body to comply with the requirement that a ballot   proposition must substantially submit the question with such   definiteness and certainty that the voters are not misled, the   district court shall make its determination without delay and may   order the city to use ballot proposition language drafted by the   court.          (b)  The court may 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.          Sec. 273.103.  MANDATORY SUBMISSION TO SECRETARY OF STATE.   Following a final nonappealable judgment containing a finding by a   court that a ballot proposition drafted by a city failed to   substantially submit the question with such definiteness and   certainty that the voters are not misled, the city shall submit to   the secretary of state for approval any proposition to be voted on   at an election held by the city before the fourth anniversary of the   court's finding.          Sec. 273.104.  CITY REQUIRED TO PAY FOR LEGAL SERVICES.   Notwithstanding a home-rule city charter provision to the contrary,   a city may not accept legal services relating to a proceeding under   this subchapter without paying fair market value for those   services.          SECTION 4.  Sections 277.001, 277.002, 277.0021, 277.0022,   277.0023, 277.0024, and 277.003, Election Code, are redesignated as   Subchapter A, Chapter 277, Election Code, and a heading for   Subchapter A is added to read as follows:   SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND   VERIFICATION OF PETITIONS          SECTION 5.  Section 277.001, Election Code, is amended to   read as follows:          Sec. 277.001.  APPLICABILITY OF SUBCHAPTER [CHAPTER]. This   subchapter [chapter] applies to a petition authorized or required   to be filed under a law outside this code in connection with an   election.          SECTION 6.  Section 277.002, Election Code, is amended by   adding Subsection (f) to read as follows:          (f)  A signature on a petition submitted to a home-rule city   is valid if the information provided with the signature as required   by this section 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 on or after the 180th day   before the date the petition was filed.          SECTION 7.  Subchapter A, Chapter 277, Election Code, is   amended by adding Section 277.005 to read as follows:          Sec. 277.005.  PETITION FORM; USE BY CITY. (a) The   secretary of state shall prescribe a form, content, and procedure   for a petition.          (b)  A home-rule city that uses a form that is different from   the official form prescribed under Subsection (a) may not   invalidate a petition because the petition does not contain   information that the petition form failed to provide for or to   require to be provided.          SECTION 8.  Chapter 277, Election Code, is amended by adding   Subchapter B to read as follows:   SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS          Sec. 277.031.  APPLICABILITY OF SUBCHAPTER. This subchapter   applies to a home-rule city that has a procedure requiring the   governing body of the city to hold an election on receipt of a   petition requesting the election that complies with the applicable   requirements.          Sec. 277.032.  CONFLICTS WITH CITY CHARTER OR OTHER LAW.  The   provisions of this subchapter apply notwithstanding any city   charter provision or other law.          Sec. 277.033.  DETERMINATION OF VALIDITY; REQUIRED ACTION.   (a) The city secretary shall determine the validity of a petition   submitted under this subchapter, including by verifying the   petition signatures, not later than the 30th day after the date the   city receives the petition.          (b)  If the city secretary determines that a petition   submitted under this subchapter meets the applicable requirements   or fails to make a determination within the time prescribed by   Subsection (a), the city shall hold the election on the next uniform   election date that allows sufficient time to comply with applicable   provisions of law, including Section 3.005.          Sec. 277.034.  COLLECTOR REQUIREMENTS PROHIBITED.  A city   may not restrict who may collect petition signatures.          SECTION 9.  Sections 9.004(a) and (c), Local Government   Code, are amended to read as follows:          (a)  The governing body of a municipality on its own motion   may submit a proposed charter amendment to the municipality's   qualified voters for their approval at an election. The governing   body shall submit a proposed charter amendment to the voters for   their approval at an election if the submission is supported by a   petition signed by a number of registered [qualified] voters of the   municipality equal to at least five percent of the number of   registered [qualified] voters of the municipality on the date of   the most recent election held throughout the municipality or   20,000, whichever number is the smaller.          (c)  Notice of the election shall be published in a newspaper   of general circulation published in the municipality. The notice   must:                (1)  include a substantial copy of the proposed   amendment in which language sought to be deleted by the amendment is   bracketed and stricken through and language sought to be added by   the amendment is underlined;                (2)  include an estimate of the anticipated fiscal   impact to the municipality if the proposed amendment is approved at   the election; and                (3)  be published on the same day in each of two   successive weeks, with the first publication occurring before the   14th day before the date of the election.          SECTION 10.  Section 277.004, Election Code, is repealed.          SECTION 11.  Not later than January 1, 2018, the secretary of   state shall adopt a petition form as required by Section 277.005,   Election Code, as added by this Act.          SECTION 12.  The changes in law made by this Act apply only   to a petition submitted on or after January 1, 2018.          SECTION 13.  This Act takes effect September 1, 2017.