Bill Text: TX HB565 | 2025-2026 | 89th Legislature | Engrossed

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Bill Title: Relating to a requirement that the ballot for an election to amend the state constitution include an estimate of the fiscal impact to the state of the proposed amendment.

Sponsorship: Partisan Bill (Republican 2)

Status: (Engrossed - Dead) 2025-05-12 - Referred to State Affairs [HB565 Detail]

Download: Texas-2025-HB565-Engrossed.html

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By: Tepper, Leo Wilson H.B. No. 565

A BILL TO BE ENTITLED
AN ACT
relating to a requirement that the ballot for an election to amend
the state constitution include an estimate of the fiscal impact to
the state of the proposed amendment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 274.001, Election Code,
is amended to read as follows:
Sec. 274.001. FORM OF AMENDMENT ON BALLOT; COST ESTIMATE.
SECTION 2. Section 274.001, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) For each proposition submitting a proposed
constitutional amendment, the secretary of state shall prepare for
placement on the ballot one of the following statements, as
applicable:
(1) if the Legislative Budget Board determines the
constitutional amendment to have a recurring cost under Section
314.001(b), Government Code: "Subject to future legislative
actions, the Legislative Budget Board estimates that the
implementation of this constitutional amendment would incur an
annual (insert "cost of" or "savings of", as applicable, and the
estimate determined under Section 314.001(b), Government Code) to
the state over (insert number of years determined under Section
314.001(b), Government Code)."; or
(2) if the Legislative Budget Board determines the
constitutional amendment to have a one-time cost under Section
314.001(b), Government Code: "Subject to future legislative
actions, the Legislative Budget Board estimates that the
implementation of this constitutional amendment would have a
one-time (insert "cost of" or "savings of", as applicable, and the
estimate determined under Section 314.001(b), Government Code) to
the state.".
SECTION 3. Section 274.003(a), Election Code, is amended to
read as follows:
(a) For each proposed constitutional amendment, the
secretary of state shall certify in writing for placement on the
ballot:
(1) the wording of the proposition submitting the
amendment; [and]
(2) the statement for the cost estimate prepared for
the proposition under Section 274.001(d); and
(3) the proposition's number.
SECTION 4. Section 314.001, Government Code, is amended to
read as follows:
Sec. 314.001. SYSTEM OF FISCAL NOTES. (a) The Legislative
Budget Board shall establish a system of fiscal notes identifying
the probable costs of each bill or resolution that authorizes or
requires the expenditure or diversion of state funds for a purpose
other than one provided for in the general appropriations bill.
(b) This subsection applies only to a joint resolution to
amend the constitution. As soon as practicable after the time for
gubernatorial action has expired under Section 14, Article IV,
Texas Constitution, for each joint resolution enacted by the
legislature, the Legislative Budget Board shall:
(1) determine the estimated cost to the state;
(2) determine whether the joint resolution will impose
on the state a recurring cost or a one-time cost; and
(3) notify the secretary of state of the
determinations made under Subdivisions (1) and (2).
(c) In making the determinations under Subsections (b)(1)
and (2), the Legislative Budget Board may rely on:
(1) the calculation the board made under Section
314.002, for:
(A) the joint resolution;
(B) the enabling legislation; or
(C) both Paragraphs (A) and (B), as applicable;
and
(2) an appropriation made for the purpose of the joint
resolution in the General Appropriations Act or other legislative
appropriation to the extent enacted, only if those appropriations
or estimated costs are not reflected in the calculation under
Section 314.002.
SECTION 5. The secretary of state may adopt rules as
necessary to implement and administer Section 274.001(d), Election
Code, as added by this Act.
SECTION 6. The changes in law made by this Act apply only to
a ballot for an election on a proposed constitutional amendment
ordered on or after the effective date of this Act. An election on a
proposed constitutional amendment ordered before the effective
date of this Act is governed by the law in effect when the election
was ordered, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2025.