bill for a nonbinding abortion referendum

The text as introduced · 436 words

89R8517 JG-D

By: Howard
H.B. No. 3668

A BILL TO BE ENTITLED

AN ACT

relating to authorization for a statewide referendum allowing

voters to indicate a preference for whether an additional

restriction on abortion access should be repealed.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. STATEWIDE REFERENDUM. On enactment by the 89th

Legislature, Regular Session, 2025, of legislation imposing any

additional restriction on access to abortion in this state, at the

general election to be held November 4, 2025, the voters shall be

permitted to vote in a statewide referendum to express their

opinion on whether the legislature should repeal the additional

abortion restriction.

SECTION 2. BALLOT PROPOSITION. The ballot for the

referendum shall be printed to provide for voting for or against the

proposition: "The legislature should repeal each additional

restriction on access to abortion enacted by the 89th Legislature,

Regular Session, 2025."

SECTION 3. FORM OF BALLOT. The referendum proposition

shall be printed on the ballot beneath any proposed constitutional

amendments under the heading: "Referendum Proposition." Beneath

the heading shall be printed the following: "This referendum is an

expression of public opinion only and has no binding effect as law."

SECTION 4. ELECTION PROCEDURE. (a) Notice of the election

shall be given by inclusion of the proposition in the governor's

proclamation ordering the election on any proposed amendment to the

state constitution and in each county judge's notice of that

election. If a proposed amendment to the state constitution is not

to be voted on in conjunction with the statewide referendum, notice

of the referendum election shall be given and the election held in

the manner applicable to a constitutional amendment election.

(b) Returns of the votes cast on the proposition shall be

made and canvassed in the same manner as the returns on a proposed

constitutional amendment.

(c) Immediately after the governor certifies the results of

the election, the secretary of state shall transmit a copy of the

certification to the speaker of the house of representatives and

the lieutenant governor.

SECTION 5. STATEMENT OF LEGISLATIVE INTENT. It is the

legislature's strong intention that, though the legislature has

rarely conducted a referendum on matters of statewide importance,

given the importance of this particular issue in this state, the

will of the people should be considered.

SECTION 6. EFFECTIVE DATE. This Act takes effect

immediately if it receives a vote of two-thirds of all the members

elected to each house, as provided by Section 39, Article III, Texas

Constitution. If this Act does not receive the vote necessary for

immediate effect, this Act takes effect September 1, 2025.