Bill Text: TX SB1296 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to the review of ballot proposition language for certain political subdivision elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-05-11 - Referred to Elections [SB1296 Detail]
Download: Texas-2017-SB1296-Engrossed.html
By: Huffman | S.B. No. 1296 |
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relating to the review of ballot proposition language for certain | ||
political subdivision elections. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 52, Election Code, is | ||
amended by adding Section 52.0721 to read as follows: | ||
Sec. 52.0721. REVIEW OF BALLOT PROPOSITION LANGUAGE. | ||
(a) This section applies only to an election on a measure held by a | ||
political subdivision located primarily in a county with a | ||
population of more than 120,000. This section does not apply to an | ||
election for which a statute provides the ballot proposition | ||
language. | ||
(b) Not later than the 109th day before an election, a | ||
political subdivision seeking to hold an election on a measure | ||
shall submit to the regional presiding judge of the administrative | ||
judicial region that the political subdivision is located in: | ||
(1) the ballot proposition language; and | ||
(2) a brief statement on the purpose of the | ||
proposition. | ||
(c) A political subdivision that is located in two or more | ||
administrative judicial regions may select the administrative | ||
judicial region to which the political subdivision submits the | ||
proposition language for review. | ||
(d) A judge receiving a submission under Subsection (b) | ||
shall appoint three judges from the administrative judicial region | ||
to serve on a panel to review the ballot proposition language before | ||
the election may be held. | ||
(e) If the panel finds the language of the proposition is | ||
clear and understandable to the average voter, the panel shall | ||
approve the language of the proposition for the ballot. | ||
(f) If the panel finds the language of the proposition is | ||
not clear and understandable to the average voter or does not make a | ||
finding on the proposition language before the 31st day after the | ||
date the panel is appointed, the language is disapproved and may not | ||
be used on the ballot at the election. The panel may provide the | ||
political subdivision with rewritten ballot proposition language | ||
that is clear and understandable to the average voter for use in the | ||
election. | ||
(g) Following disapproval under Subsection (f), the | ||
political subdivision may: | ||
(1) hold the election with the rewritten ballot | ||
proposition language provided by the panel; or | ||
(2) submit revised ballot proposition language for | ||
approval by the panel in the manner provided under Subsections (e) | ||
and (f). | ||
(h) To the extent of a conflict between this section and any | ||
provision of law requiring a political subdivision to hold an | ||
election on a measure within a certain period, this section | ||
controls. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an election ordered on or after the effective date of this Act. | ||
An election 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 3. This Act takes effect September 1, 2017. |