Bill Text: TX HJR73 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Proposing a constitutional amendment to reserve to the people the powers of initiative and referendum; authorizing new fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-27 - Referred to State Affairs [HJR73 Detail]
Download: Texas-2019-HJR73-Introduced.html
By: Meza | H.J.R. No. 73 |
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proposing a constitutional amendment to reserve to the people the | ||
powers of initiative and referendum; authorizing new fees. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article III, Texas Constitution, is amended by | ||
amending Section 1 and adding Sections 1A, 1B, and 1C to read as | ||
follows: | ||
Sec. 1. Subject to Sections 1A and 1B of this article, the | ||
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and House of Representatives, which together shall be styled "The | ||
Legislature of the State of Texas." | ||
Sec. 1A. (a) The people reserve to themselves the power to | ||
propose statutory and constitutional measures by petition for | ||
submission to the electorate and to have those measures enacted as | ||
provided by this section. This power is known as the initiative. | ||
(b) A proposed statutory or constitutional measure and a | ||
good faith filing fee established by the secretary of state to | ||
reasonably cover administrative costs must be submitted to the | ||
Texas Legislative Council. A proposed measure may not contain more | ||
than one subject. The Texas Legislative Council shall advise the | ||
petitioner as to proper form and language and, with the consent of | ||
the petitioner, may redraft the text of the measure as necessary or | ||
desirable to achieve its purposes. If the Texas Legislative | ||
Council determines that any provision of a proposed statutory | ||
measure would be invalid under this constitution, or if the measure | ||
requires funding but does not contain a new source of revenue, the | ||
Texas Legislative Council shall return the measure to the | ||
petitioner accompanied by written reasons for that determination. | ||
A measure determined to be unconstitutional or that does not | ||
include the required source of revenue may not be forwarded to other | ||
state officers under Subsection (c) of this section. | ||
(c) If the Texas Legislative Council determines that the | ||
proposed measure authorizes or requires the expenditure or | ||
diversion of any state funds, the Texas Legislative Council shall | ||
forward the measure to the comptroller of public accounts for the | ||
preparation of a fiscal note. Otherwise, the Texas Legislative | ||
Council shall forward the measure to the secretary of state. | ||
(d) After receipt of a proposed measure from the Texas | ||
Legislative Council, the comptroller shall prepare and sign the | ||
fiscal note, attach it to the measure, and forward the measure to | ||
the secretary of state. In the fiscal note, the comptroller shall | ||
outline the fiscal implications and probable cost of the measure | ||
each year for the first five years after its effective date and | ||
include a statement as to whether there will be costs involved | ||
thereafter. | ||
(e) Not later than the 15th day after receipt of a proposed | ||
measure from the Texas Legislative Council or comptroller, the | ||
secretary of state shall issue to the petitioner approved copies of | ||
an initiative petition proposing the measure in the number | ||
requested. The secretary may charge for each copy a reasonable fee | ||
to cover the cost of reproduction. The secretary shall prescribe | ||
standards of form and design for a petition. Each part of a | ||
petition must include the full text of the proposed measure. | ||
(f) An initiative petition that proposes a measure must be | ||
signed by a number of registered voters equal to at least five | ||
percent of the total number of votes received by all candidates for | ||
governor in the most recent gubernatorial general election in each | ||
of the state senate districts as well as statewide. | ||
(g) To be certified as valid, the petition containing the | ||
required number of signatures must be filed with the secretary of | ||
state not later than the second anniversary of the date the approved | ||
copies are issued by the secretary. Not later than the 60th day | ||
after the date a petition is filed, the secretary shall review the | ||
petition and determine whether it is valid. The secretary may use | ||
any reasonable statistical sampling method as the basis for | ||
verification. If the secretary determines that the petition does | ||
not contain the required number of signatures, the petitioners have | ||
60 days after the date of that determination to obtain additional | ||
signatures. On determining that the petition complies with this | ||
section, the secretary shall certify it as valid. | ||
(h) If a certified petition proposes a statutory measure, | ||
the secretary of state shall submit the question of approval or | ||
disapproval of the measure to the voters of the state at an election | ||
to be held on the first Tuesday after the first Monday in November | ||
of an even-numbered year that occurs on or after the 150th day after | ||
the date the petition is submitted to the secretary of state for | ||
certification. If the measure is approved by a majority of those | ||
voting on the question, the statutory change proposed by the | ||
measure takes effect according to its terms. | ||
(i) Except as provided by Section 1C of this article, a | ||
statutory measure proposed by petition that becomes law may be | ||
amended or repealed only by another statutory measure proposed | ||
under this section. | ||
(j) If a certified petition proposes a constitutional | ||
measure, the secretary of state shall submit the question of | ||
approval or disapproval of the measure to the voters at an election | ||
to be held on the first Tuesday after the first Monday in November | ||
of an even-numbered year that occurs on or after the 150th day after | ||
the date the petition is submitted to the secretary of state for | ||
certification. If the measure is approved by a majority of those | ||
voting on the question, the amendment proposed by the measure | ||
becomes a part of the constitution. | ||
(k) The secretary of state shall prepare the ballot | ||
proposition for a measure proposed by initiative. The proposition | ||
must be descriptive but not argumentative or prejudicial. The | ||
provisions of this constitution and of law that apply to | ||
publication of constitutional amendments proposed under Section 1, | ||
Article XVII, of this constitution apply to the publication of | ||
measures proposed under this section. | ||
(l) A person circulating a petition for signatures under | ||
this section may receive compensation for that activity. | ||
(m) This section is self-executing, but laws may be enacted | ||
to facilitate its operation. However, no law may be enacted to | ||
hamper, restrict, or impair the exercise of the power of | ||
initiative. | ||
(n) To the extent of any conflict between two proposed | ||
statutory measures approved at the same election, the measure | ||
receiving the greatest number of votes in favor of the measure | ||
controls. To the extent of any conflict between two proposed | ||
constitutional measures approved at the same election, the measure | ||
receiving the greatest number of votes in favor of the measure | ||
controls. | ||
Sec. 1B. (a) The people reserve to themselves the power by | ||
petition and election to repeal statutes enacted by the legislature | ||
as provided by this section. This power is known as the referendum. | ||
(b) The referendum power extends, as provided by this | ||
section, to any bill enacted during a regular or special session of | ||
the legislature. It extends to each bill in its entirety and not to | ||
a part of the bill. | ||
(c) A written request for a petition proposing the repeal of | ||
a bill enacted by the legislature must be submitted to the secretary | ||
of state in a form prescribed by the secretary with a good faith | ||
filing fee established by the secretary of state to reasonably | ||
cover administrative costs. The request must be filed not later | ||
than the 180th day after the date of final adjournment of the | ||
session in which the bill is enacted. | ||
(d) The secretary of state shall prepare and issue, in the | ||
number requested, approved copies of a petition proposing repeal of | ||
the bill. The secretary may charge for each copy a reasonable fee | ||
to cover the cost of reproduction. The petition must include a | ||
citation of the bill, citations of any laws amended or repealed by | ||
the bill, and a statement, not argumentative or prejudicial, | ||
briefly describing the effect of the bill. | ||
(e) To be certified as valid, a referendum petition must be | ||
filed with the secretary of state not later than the 180th day after | ||
the date of its issuance and must be signed by a number of | ||
registered voters equal to at least five percent of the total number | ||
of votes received by all candidates for president in the most recent | ||
presidential general election in each of the state senate districts | ||
as well as statewide. | ||
(f) Not later than the 60th day after the date a petition is | ||
filed, the secretary of state shall review the petition and | ||
determine whether it is valid. The secretary may use any reasonable | ||
statistical sampling method as the basis for verification. If the | ||
secretary determines that the petition does not contain the | ||
required number of signatures, the petitioners have 60 days after | ||
the date of that determination to obtain additional signatures. On | ||
determining that the petition complies with this section, the | ||
secretary shall certify it as valid and shall submit the proposal to | ||
the voters at an election to be held on the first Tuesday after the | ||
first Monday in November of an even-numbered year that occurs on or | ||
after the 45th day after the date the petition is submitted. The | ||
ballot shall be printed to permit voting for or against the | ||
proposition: "Repeal of .B. No. , which (brief statement of effect | ||
of bill)." | ||
(g) The provisions of this constitution and of law that | ||
apply to publication of constitutional amendments proposed under | ||
Section 1, Article XVII, of this constitution apply to the | ||
publication of a referendum proposal. | ||
(h) If a referendum proposal is approved by a majority of | ||
those voting on the question, the repeal is effective immediately | ||
on official declaration of the result of the election, whether or | ||
not the bill repealed took effect before the date of the election. | ||
(i) A person circulating a petition for signatures under | ||
this section may receive compensation for that activity. | ||
(j) This section is self-executing, but laws may be enacted | ||
to facilitate its operation. However, no law may be enacted to | ||
hamper, restrict, or impair the exercise of the power of | ||
referendum. | ||
Sec. 1C. The legislature may consider any measure approved | ||
at an election held under Section 1A of this article or any | ||
referendum proposal approved under Section 1B of this article. If, | ||
on consideration, the measure or proposal is disapproved by | ||
two-thirds of the membership of each house and by the governor, the | ||
measure or proposal is repealed. | ||
SECTION 2. Article XVII, Texas Constitution, is amended by | ||
adding Section 1A to read as follows: | ||
Sec. 1A. In addition to the mode of amendment provided by | ||
Section 1 of this article, the constitution may be amended by the | ||
initiative procedure authorized by Section 1A, Article III, of this | ||
constitution. | ||
SECTION 3. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 5, 2019. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment reserving to the people | ||
the powers of initiative and referendum." |