House Bill No. 162 introduces new provisions regarding the review and approval process for proposed municipal initiatives and referenda in home-rule municipalities. It adds Section 51.080 to the Local Government Code, which mandates that municipalities submit any proposed measures—whether to adopt, amend, or repeal ordinances—to the attorney general within five days of receiving a petition. The attorney general is required to determine if any part of the measure violates state law and must provide written advice within 30 days. If the attorney general fails to meet these requirements, the municipality is obligated to hold an election on the measure.
Additionally, the bill repeals Section 51.079 of the Local Government Code, which likely contained previous regulations regarding municipal initiatives. The new provisions take precedence over any conflicting municipal charter requirements, extending the time frame for ordering elections as necessary to comply with the new law. The changes will apply only to petitions submitted after the bill's effective date, which is set for the 91st day following the end of the legislative session.
Statutes affected: Introduced: Local Government Code 51.079 (Local Government Code 51)