Bill Text: TX SB1539 | 2025-2026 | 89th Legislature | Comm Sub

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Bill Title: Relating to requirements and procedures in the contest of an election on a proposed constitutional amendment.

Sponsorship: Partisan Bill (Republican 2)

Status: (Engrossed - Dead) 2025-05-23 - Committee report sent to Calendars [SB1539 Detail]

Download: Texas-2025-SB1539-Comm_Sub.html

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By: Bettencourt S.B. No. 1539
(Shaheen)

A BILL TO BE ENTITLED
AN ACT
relating to requirements and procedures in the contest of an
election on a proposed constitutional amendment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 233.014, Election Code, is amended by
amending Subsections (c), (d), (f), and (h) and adding Subsection
(c-1) to read as follows:
(c) The filing of an election contest does not suspend
implementation of a constitutional amendment that was approved by
the majority of the votes cast [The declaration of the official
result of a contested election may not be made until the contest is
finally determined. The secretary of state shall tabulate the
county returns and the governor shall announce the final vote
count, as ascertained from the returns, in a written document. The
document announcing the final vote count must state that a contest
of the election has been filed and that the declaration of the
official result will not be made until the contest is finally
determined].
(c-1) The trial court must ensure that a written ruling on a
pretrial motion before the court is entered not later than the 30th
day after the date the motion is filed.
(d) The trial date may not be earlier than the 45th day after
the date of the contested election except [nor later than the 180th
day after the date of the contested election. The trial date may be
earlier than the 45th day after the date of the contested election]
at the request of the contestant. The trial court must ensure the
judgment of the court is not filed later than the 180th day after
the date of the contested election.
(f) The court shall include in its judgment in a contest an
order directing the governor to declare the [official result of the
election or to declare the] election valid or void, as appropriate,
not later than the 10th day after the date the judgment becomes
final.
(h) If a contestant files an appeal of the contest, the
appellate court must ensure that the action is brought to final
disposition not later than the 60th [180th] day after the date the
judgment becomes final.
SECTION 2. The changes in law made by this Act apply to a
contest of a constitutional amendment election filed on or after
the effective date of this Act. A contest of a constitutional
amendment election filed before the effective date of this Act is
governed by the law in effect on the date that the suit is filed, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.