SB 1539: bill letting amendments take effect despite election contests

Caption

relating to requirements and procedures in the contest of an election on a proposed constitutional amendment.

Summary

A lawsuit no longer stops a voter-approved amendment.

The bill says that filing a lawsuit contesting a constitutional amendment election no longer stops the amendment from taking effect if a majority of voters approved it. It touches the secretary of state, the governor, courts that hear election contests, and anyone who sues over an amendment election. On the ground, an approved amendment goes into force right away while the contest plays out, and the court's final order now tells the governor only to declare the election valid or void.

Labels

Labels: GOT HALFWAY. Passed the Senate on Apr 23, 2025. Died in the House: voted out of the Judiciary & Civil Jurisprudence committee 6-5, no floor vote.

Receipt

The receipt

89R-SB1539 · 2025-02-21

SOLD BY

Sen. Paul BettencourtRSenate 7

ITEM

relating to requirements and procedures in the contest of an election on a proposed constitutional amendment.

WHAT IT DOES

A lawsuit no longer stops a voter-approved amendment.

The bill says that filing a lawsuit contesting a constitutional amendment election no longer stops the amendment from taking effect if a majority of voters approved it. It touches the secretary of state, the governor, courts that hear election contests, and anyone who sues over an amendment election. On the ground, an approved amendment goes into force right away while the contest plays out, and the court's final order now tells the governor only to declare the election valid or void.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 20, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Feb 21, 2025Received by the Secretary of the Senate
Feb 21, 2025Filed
Mar 6, 2025Read first time
Mar 6, 2025Referred to State Affairs
Mar 10, 2025Scheduled for public hearing on . . .
Mar 10, 2025Considered in public hearing
Mar 10, 2025Testimony taken in committee
Mar 10, 2025Left pending in committee
Mar 13, 2025Considered in public hearing
Mar 13, 2025Vote taken in committee
Mar 17, 2025Reported favorably w/o amendments
Mar 17, 2025Recommended for local & uncontested calendar
Mar 17, 2025Committee report printed and distributed
Apr 22, 2025Placed on intent calendar
Apr 23, 2025Rules suspended-Regular order of business
Apr 23, 2025Vote recorded in Journal
Apr 23, 2025Read 2nd time
Apr 23, 2025Amendment(s) offered FA1 Bettencourt
Apr 23, 2025Amended
Apr 23, 2025Vote recorded in Journal
Apr 23, 2025Passed to engrossment as amended
Apr 23, 2025Vote recorded in Journal
Apr 23, 2025Three day rule suspended
Apr 23, 2025Record vote
Apr 23, 2025Read 3rd time
Apr 23, 2025Passed
Apr 23, 2025Record vote
Apr 23, 2025Reported engrossed
Apr 24, 2025Received from the Senate
Apr 28, 2025Read first time
Apr 28, 2025Referred to Judiciary & Civil Jurisprudence
May 21, 2025Considered in public hearing
May 21, 2025Failed to receive affirmative vote in comm.
May 21, 2025Vote reconsidered in committee
May 21, 2025Reported favorably w/o amendment(s)
May 23, 2025Comte report filed with Committee Coordinator
May 23, 2025Committee report distributed
May 23, 2025Committee report sent to Calendars

FILED UNDER

Beats not yet reviewed.

SIGNED FOR BY

Senate · 29 yea · 2 nay

Sources

Senate: Final passage · Apr 23, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Paul Bettencourt

Donors

Donors report through Friends of Paul Bettencourt.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes3

Senate Apr 23, 2025

Yea: 29
Nay: 2
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 29, Nays 2. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 2 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 23, 2025

Yea: 29
Nay: 2
Present, not voting: Not printed
Absent: 0
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Bettencourt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1539 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 2.

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 2 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 23, 2025

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Names

CookNay
EckhardtNay

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

SB 1539 as amended was passed to engrossment by a viva voce vote.

Published stock of positions for this vote, except where marked derived.

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses2

For: 1
Against: 0
On: 1

Names

For

Self; Harris county ballot security1 registration

On

Self1 registration

Sources

2 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 20, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 19, 2026, against the published rubric.

Sources

Texas Senate · Filed Feb 21, 2025

05/23/2025 H Committee report sent to Calendars

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Companion

HB 5116 by Shaheen (similar)

Subjects

Constitutional Revision

Elections--General

Text

The text as introduced · 293 words

89R14311 MPF-D

By: Bettencourt
S.B. No. 1539

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. Sections 233.014(c) and (f), Election Code, are

amended 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 ].

(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.

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.

Verdict: No flags

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

Senate Apr 23, 2025

Senate Apr 23, 2025

Senate Apr 23, 2025

For

On

Companion