Bill Text: TX HB211 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to requirements for certain petitions requesting an election and ballot propositions and to related procedures and provisions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2021-08-23 - Filed [HB211 Detail]
Download: Texas-2021-HB211-Introduced.html
| 87S20269 MLH-F | ||
| By: Swanson | H.B. No. 211 | |
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| relating to requirements for certain petitions requesting an | ||
| election and ballot propositions and to related procedures and | ||
| provisions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Ballot Measure | ||
| Election Integrity Act of 2021. | ||
| SECTION 2. Section 52.072, Election Code, is amended by | ||
| adding Subsection (g) to read as follows: | ||
| (g) A proposition proposing an amendment to a city charter | ||
| or a voter-initiated initiative or referendum as requested by a | ||
| petition must use wording identical to the caption of any | ||
| corresponding petition as provided by Section 277.0015(b), as | ||
| applicable. | ||
| SECTION 3. Chapter 233, Election Code, is amended by adding | ||
| Section 233.0115 to read as follows: | ||
| Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court | ||
| orders a home-rule city to order a new election under Section | ||
| 233.011, a qualified voter of the home-rule city may seek from the | ||
| court a writ of mandamus to compel the governing body of the city to | ||
| comply with Section 52.072(g), as provided by Section 273.101. | ||
| SECTION 4. Chapter 273, Election Code, is amended by adding | ||
| Subchapter F to read as follows: | ||
| SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS | ||
| Sec. 273.101. MANDAMUS ACTIONS. (a) A qualified voter of a | ||
| home-rule city may seek from the court a writ of mandamus to compel | ||
| the governing body of the city to comply with the requirement of | ||
| Section 52.072(g). | ||
| (b) The court must give absolute priority to a petition for | ||
| a writ brought under this section and shall make its determination | ||
| without delay and prior to the deadline for printing ballots. | ||
| (c) The court may award a petitioner who substantially | ||
| prevails in an action described by Subsection (a) the party's | ||
| reasonable attorney's fees, expenses, and court costs. | ||
| (d) Governmental immunity to suit and liability is waived | ||
| and abolished only to the extent of the liability created by | ||
| Subsection (c). | ||
| Sec. 273.102. REVIEW OF PETITION BY SECRETARY OF STATE. (a) | ||
| The governing body of a home-rule city or a qualified voter of the | ||
| home-rule city may file a complaint with the secretary of state | ||
| alleging that a caption is invalid under Section 277.0015. | ||
| (b) The secretary of state shall review a caption alleged to | ||
| be invalid in a complaint under Subsection (a) not later than the | ||
| seventh day after the date the secretary receives the complaint. | ||
| (c) If the secretary of state determines that a complaint | ||
| under Subsection (a) correctly alleges that a caption is invalid | ||
| under Section 277.0015, the secretary of state shall modify the | ||
| caption and provide the modified caption to the home-rule city for | ||
| use as a ballot proposition. | ||
| (d) In modifying a caption under Subsection (c), the | ||
| secretary of state shall: | ||
| (1) seek input from persons who signed or circulated | ||
| the petition; and | ||
| (2) modify the caption only to the extent necessary | ||
| for compliance with Section 277.0015. | ||
| (e) Action by the secretary of state under this section may | ||
| not be considered by a court as evidence that a caption does not | ||
| comply with Section 277.0015. | ||
| SECTION 5. The heading to Chapter 277, Election Code, is | ||
| amended to read as follows: | ||
| CHAPTER 277. PETITION TO CITY UNDER STATE LAW OR CITY CHARTER | ||
| [ |
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| SECTION 6. Chapter 277, Election Code, is amended by | ||
| designating Sections 277.001, 277.002, 277.0021, 277.0022, | ||
| 277.0023, and 277.0024 as Subchapter A and adding a subchapter | ||
| heading to read as follows: | ||
| SUBCHAPTER A. FORM AND CONTENT OF PETITION | ||
| SECTION 7. Section 277.001, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 277.001. APPLICABILITY OF SUBCHAPTER [ |
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| subchapter [ |
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| to be filed with a city [ |
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| connection with an election, regardless of whether the petition is | ||
| authorized by state law or a city charter. | ||
| SECTION 8. Subchapter A, Chapter 277, Election Code, as | ||
| added by this Act, is amended by adding Section 277.0015 to read as | ||
| follows: | ||
| Sec. 277.0015. PROPOSED MEASURES. (a) A petition must | ||
| contain or have attached a caption for the proposed measure. | ||
| (b) The caption must identify the proposed measure by its | ||
| chief features, describing its character and purpose with such | ||
| definiteness and certainty that voters are not misled. | ||
| (c) Unless the caption is modified under Section 273.102, | ||
| the governing body of a home-rule city shall proceed with an | ||
| election requested by a petition despite a complaint that the | ||
| petition violates Subsection (b) and in doing so shall comply with | ||
| Section 52.072(g) and all ordinary timelines and requirements for | ||
| such an election. | ||
| (d) The secretary of state shall issue guidance to help a | ||
| person preparing to circulate a petition comply with the | ||
| requirements of Subsection (b). | ||
| SECTION 9. Section 277.002, Election Code, is amended by | ||
| adding Subsection (g) to read as follows: | ||
| (g) The illegibility of a signature on a petition submitted | ||
| to a home-rule city is not a valid basis for invalidating the | ||
| signature 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 10. Subchapter A, Chapter 277, Election Code, as | ||
| added by this Act, is amended by adding Section 277.005 to read as | ||
| follows: | ||
| Sec. 277.005. STANDARD PETITION FORM; VALIDITY. (a) The | ||
| secretary of state shall: | ||
| (1) adopt a standard petition form for | ||
| petition-initiated elections; and | ||
| (2) publish the form and instructions for using the | ||
| form on the secretary's Internet website. | ||
| (b) The standard petition form must require: | ||
| (1) the name of the circulator; | ||
| (2) a caption for the measure as required by Section | ||
| 277.0015; | ||
| (3) each signer to provide: | ||
| (A) the signer's printed name; | ||
| (B) the signer's signature; | ||
| (C) the signer's: | ||
| (i) date of birth; or | ||
| (ii) voter registration number and county | ||
| of residence; | ||
| (D) the signer's residence address, including | ||
| city and, if applicable, zip code; and | ||
| (E) the date of signing; and | ||
| (4) an affidavit of the circulator stating that the | ||
| circulator verifies that the circulator witnessed the signatures, | ||
| including a space for the affidavit to be signed and notarized. | ||
| (c) Notwithstanding any other law, including a city | ||
| charter, a city may not require the submission of information on or | ||
| with a petition that the standard petition form published by the | ||
| secretary of state does not provide for or require to be provided. | ||
| (d) A person who circulates or submits a petition is not | ||
| required to use the standard petition form. A petition that does not | ||
| use the standard petition form must contain the substantial | ||
| elements required to be provided on the standard petition form. | ||
| SECTION 11. Chapter 277, Election Code, is amended by | ||
| adding Subchapters B and C 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, including a procedure imposed by statute, requesting the | ||
| election. | ||
| 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. (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) The city secretary may not invalidate a petition on | ||
| grounds of an inadequate caption but may: | ||
| (1) file a complaint under Section 273.102; and | ||
| (2) modify the caption as directed by the secretary of | ||
| state under Section 273.102. | ||
| Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city | ||
| may not restrict who may collect petition signatures. | ||
| SUBCHAPTER C. REPEAL OF PETITION-INITIATED CHARTER AMENDMENT | ||
| Sec. 277.051. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
| applies to a home-rule city that has a procedure, including a | ||
| procedure imposed by statute, requiring the governing body of the | ||
| city to hold an election on receipt of a petition requesting the | ||
| election. | ||
| Sec. 277.052. REPEAL OF PETITION-INITIATED CHARTER | ||
| AMENDMENT. (a) A city may repeal a charter amendment adopted by a | ||
| petition-initiated election only by a petition-initiated election | ||
| held for the specific purpose of repealing the amendment. A repeal | ||
| petition may not include any other measure, including the repeal of | ||
| multiple charter amendments. | ||
| (b) A city may not repeal a charter amendment adopted by a | ||
| petition-initiated election by adopting a new or revised city | ||
| charter. A new or revised city charter must include each charter | ||
| amendment adopted by a petition-initiated election unless the | ||
| charter amendment was repealed in accordance with Subsection (a). | ||
| SECTION 12. Section 9.004(a), Local Government Code, is | ||
| 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 qualified voters of the municipality | ||
| equal to at least five percent of the number of 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. | ||
| SECTION 13. Sections 277.003 and 277.004, Election Code, | ||
| are repealed. | ||
| SECTION 14. Not later than January 1, 2022, the secretary of | ||
| state shall adopt and publish a petition form as required by Section | ||
| 277.005, Election Code, as added by this Act. | ||
| SECTION 15. The changes in law made by this Act apply only | ||
| to a petition submitted on or after January 1, 2022. | ||
| SECTION 16. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
