Paul Petition Bill Lets Religious Groups Circulate Recall Petitions

The text as introduced · 1,484 words

89R1594 MLH-D

By: Paul
H.B. No. 1783

A BILL TO BE ENTITLED

AN ACT

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. Section 52.072, Election Code, is amended by

adding Subsection (g) to read as follows:

(g) A proposition must substantially submit the question

with such definiteness, certainty, and facial neutrality that the

voters are not misled.

SECTION 2. 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 new election under Section 233.011, a person may seek from

the court a writ of mandamus to compel the governing body of a city

to comply with the requirement that a ballot proposition must

substantially submit the question with such definiteness,

certainty, and facial neutrality that the voters are not misled, as

provided by Section 273.102.

SECTION 3. Section 253.094(b), Election Code, is amended to

read as follows:

(b) A corporation or labor organization may not make a

political contribution in connection with a recall election,

including the circulation and submission of a petition to call an

election. This subsection does not prohibit a religious

organization from circulating or submitting a petition in

connection with a recall election.

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. REVIEW BY SECRETARY OF STATE. (a) Not later

than the seventh day after the date on which a home-rule city

publishes in the election order or by other means ballot

proposition language proposing an amendment to the city charter or

a voter-initiated initiative or referendum as requested by

petition, a registered voter eligible to vote in the election may

submit the proposition for review by the secretary of state.

(b) The secretary of state shall review the proposition not

later than the seventh day after the date the secretary receives the

submission to determine whether the proposition is misleading,

inaccurate, or prejudicial.

(c) If the secretary of state determines that the

proposition is misleading, inaccurate, or prejudicial, the city

shall draft a proposition to cure the defects and give notice of the

new proposition using the method of giving notice prescribed for

notice of an election under Section 4.003.

(d) A proposition drafted by a city under Subsection (c) to

cure the defects may be submitted to the secretary of state under

Subsection (a). If the secretary of state determines that the city

has on its third attempt drafted a proposition that is misleading,

inaccurate, or prejudicial, the secretary of state shall draft the

ballot proposition.

Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a

court of competent jurisdiction seeking a writ of mandamus to

compel the city's governing body to comply with the requirement

that a ballot proposition must substantially submit the question

with such definiteness, certainty, and facial neutrality that the

voters are not misled, the court shall make its determination

without delay and may order the city to use ballot proposition

language drafted by the court.

(b) The court may award a plaintiff or relator who

substantially prevails in a mandamus action described by Subsection

(a) the party's reasonable attorney's fees, expenses, and court

costs.

(c) Governmental immunity to suit is waived and abolished

only to the extent of the liability created by Subsection (b).

Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE.

Following a final nonappealable judgment containing a finding by a

court that a ballot proposition drafted by a city failed to

substantially submit the question with such definiteness,

certainty, and facial neutrality that the voters are not misled,

the city shall submit to the secretary of state for approval any

proposition to be voted on at an election held by the city before

the fourth anniversary of the court's finding.

Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES.

Notwithstanding a home-rule city charter provision to the contrary,

a city may not accept legal services relating to a proceeding under

this subchapter without paying fair market value for those

services.

SECTION 5. Chapter 277, Election Code, is amended by

designating Sections 277.001, 277.002, 277.0021, 277.0022,

277.0023, 277.0024, and 277.003 as Subchapter A and adding a

subchapter heading to read as follows:

SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND

VERIFICATION OF PETITIONS

SECTION 6. Section 277.001, Election Code, is amended to

read as follows:

Sec. 277.001. APPLICABILITY OF SUBCHAPTER [ CHAPTER ]. This

subchapter [ chapter ] applies to a petition authorized or required

to be filed under a law outside this code in connection with an

election.

SECTION 7. 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 8. 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. PETITION FORM; USE BY CITY AND OTHER PERSONS.

(a) The secretary of state shall prescribe a form, content, and

procedure for a petition.

(b) A home-rule city that uses a form that is different from

the official form prescribed under Subsection (a) may not

invalidate a petition because the petition does not contain

information that the petition form failed to provide for or to

require to be provided.

(c) A person who circulates or submits a petition is not

required to use a petition form prescribed by the secretary of state

or a home-rule city. A petition that does not use an officially

prescribed form must contain the substantial elements required to

be provided on the officially prescribed form.

SECTION 9. Chapter 277, Election Code, is amended by adding

Subchapter B 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 requesting the election that complies with the applicable

requirements.

Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. (a)

The provisions of this subchapter apply notwithstanding any city

charter provision or other law.

(b) This subchapter may not be construed to interfere with

the Military and Overseas Voter Empowerment Act

(Pub. L. No. 111-84, Sections 577-583(a)).

Sec. 277.033. DETERMINATION OF VALIDITY. 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.

Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city

may not restrict who may collect petition signatures.

SECTION 10. Sections 9.004(a) and (c), Local Government

Code, are amended to read as follows:

(a) Except as provided by Section 9.0045, 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

registered [ qualified ] voters of the municipality equal to at least

five percent of the number of registered [ 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.

(c) Notice of the election shall be published in a newspaper

of general circulation published in the municipality. The notice

must:

(1) include a substantial copy of the proposed

amendment in which language sought to be deleted by the amendment is

bracketed and stricken through and language sought to be added by

the amendment is underlined ;

(2) include an estimate of the anticipated fiscal

impact to the municipality if the proposed amendment is approved at

the election; and

(3) be published on the same day in each of two

successive weeks, with the first publication occurring before the

14th day before the date of the election.

SECTION 11. Section 277.004, Election Code, is repealed.

SECTION 12. Not later than January 1, 2026, the secretary of

state shall adopt a petition form as required by Section 277.005,

Election Code, as added by this Act.

SECTION 13. The changes in law made by this Act apply only

to a petition submitted on or after January 1, 2026.

SECTION 14. This Act takes effect September 1, 2025.