84(R) - 2015
Relating to petitions prescribed by law outside of code.
This bill would amend Local Government Code to require a petition regarding the repeal of a
home-rule municipality's order, ordinance, or resolution to be filed not later than the 90th day
after the later of the date on which the order, ordinance, or resolution finally passed or was
published, and also requires the municipality to make available on its website a
petition form that complies with state law and the municipality's ordinances, orders, and other
resolutions that apply to the filing of a petition with the municipality. Once a petition is submitted the secretary of the municipality or other authority responsible for verifying the signatures is prohibited from
invalidating a petition because the petition did not contain information that the municipality's
petition form failed to provide or to require to be provided.
Vote Recommendation Notes
We support this legislation under the limited government principle. This bill would streamline a process for citizens within municipalities to be eligible to submit petitions to allow for an ordinance to be placed on a local ballot. The bill specifies a date for a deadline, and also institutes a checks and balances, by disallowing the secretary or authority of the municipality to disqualify signatures of the petition, as it is a potential conflict of interest to have a governing body expelling petitions challenging their recent passage of certain ordinances or rules. We support this legislation under the limited government principle, at it gives these municipalities a more transparent and credible means to petition their government without having their proper documentation excluded without any explanation, or by the very municipality they are challenging.