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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of municipal initiative and referendum to |
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restrict property rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 51, Local Government Code, |
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is amended by adding Section 51.080 to read as follows: |
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Sec. 51.080. INITIATIVE AND REFERENDUM TO RESTRICT PROPERTY |
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RIGHTS PROHIBITED. (a) This section does not apply to a petition |
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or election to which Chapter 501, Election Code, applies. |
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(b) Notwithstanding any municipal charter provision, a |
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municipality may not: |
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(1) accept for verification, certification, or other |
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approval a petition requesting the enactment or repeal of an |
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ordinance or charter provision, if the proposed enactment or repeal |
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would restrict the right of any person to use or access the person's |
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private property for economic gain; or |
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(2) hold an election proposed by a petition on the |
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proposed enactment or repeal of an ordinance or charter provision |
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described by Subdivision (1). |
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(c) The purported enactment or repeal of an ordinance or |
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charter provision prohibited by Subsection (b) has no effect. An |
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election held in violation of Subsection (b) is void. |
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(d) A person whose rights are affected by a violation of |
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this section may sue for injunctive relief to enforce this section. |
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SECTION 2. Section 51.080, Local Government Code, as added |
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by this Act, applies only to a petition submitted on or after the |
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effective date of this Act. A petition submitted before the |
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effective date of this Act is governed by the law in effect when the |
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petition was submitted, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |