Proposing a constitutional amendment to reserve to the people the powers of initiative and referendum.

The text as introduced · 1,861 words

90R3165 LRM-F

By: Zwiener
H.J.R. No. 54

A JOINT RESOLUTION

proposing a constitutional amendment to reserve to the people the

powers of initiative and referendum.

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

SECTION 1. Article III, Texas Constitution, is amended by

amending Section 1 and adding Sections 1A and 1B to read as follows:

Sec. 1. Subject to Sections 1A and 1B of this article, the

[ The ] Legislative power of this State shall be vested in a Senate

and House of Representatives, which together shall be styled "The

Legislature of the State of Texas."

Sec. 1A. (a) The people reserve to themselves the power to

propose statutory and constitutional measures by petition for

submission to the electorate and to have those measures enacted as

provided by this section. This power is known as the initiative.

(b) A proposed statutory or constitutional measure and a

filing fee of $2,000, which is refundable if the proposed measure is

placed on the ballot, must be submitted to the secretary of state.

A proposed measure must be accompanied by the names and other

relevant information, as determined by the secretary of state, of

two voters who represent the petitioners. A proposed measure may

not contain more than one subject. After the secretary of state

validates the signatures on the petition in accordance with

Subsection (g), the secretary of state shall forward the petition

to the Texas Legislative Council. The Texas Legislative Council

shall advise the petitioner as to proper form and language and, with

the consent of the petitioner, may redraft the text of the measure

as necessary or desirable to achieve its purposes. If the Texas

Legislative Council determines that any provision of a proposed

statutory measure would be invalid under this constitution, the

Texas Legislative Council shall return the measure to the

petitioner accompanied by written reasons for the determination of

unconstitutionality. A measure determined to be unconstitutional

may not be forwarded to other state officers under Subsection (c) of

this section.

(c) If the Texas Legislative Council determines that the

proposed measure authorizes or requires the expenditure or

diversion of any state funds, the Texas Legislative Council shall

forward the measure to the Legislative Budget Board for the

preparation of a fiscal note. Otherwise, the Texas Legislative

Council shall forward the measure to the secretary of state.

(d) After receipt of a proposed measure from the Texas

Legislative Council, the Legislative Budget Board shall prepare and

sign the fiscal note, attach it to the measure, and forward the

measure to the secretary of state. In the fiscal note, the

Legislative Budget Board shall outline the fiscal implications and

probable cost of the measure each year for the first five years

after its effective date and a statement as to whether there will be

costs involved thereafter.

(e) After receipt of a proposed measure from the Texas

Legislative Council or Legislative Budget Board, the secretary of

state shall issue to the petitioner approved copies of an

initiative petition proposing the measure in the number requested

not later than the 15th day after receiving the proposed measure

from the Texas Legislative Council or Legislative Budget Board.

The secretary of state may charge for each copy a reasonable fee to

cover the cost of reproduction. The secretary of state shall

prescribe standards of form and design for a petition. Each part of

a petition must include the full text of the proposed measure.

(f) An initiative petition that proposes a statutory

measure must be signed by a number of registered voters equal to at

least five percent of the total number of votes received by all

candidates for governor in the most recent gubernatorial general

election in each Texas Senate district as well as statewide. An

initiative petition that proposes a constitutional measure must be

signed by a number of registered voters equal to at least six

percent of the total number of votes received by all candidates for

governor in the most recent gubernatorial general election in each

Texas Senate district as well as statewide. A signer may withdraw a

signature from a petition before the petition is filed following

the procedures provided by general law for the withdrawal of a

petition signature.

(g) To be certified as valid, a petition containing the

required number of signatures must be filed with the secretary of

state not later than the 365th day after the date the approved

copies are issued by the secretary of state. The secretary of state

shall review the petition to determine whether it is valid. The

secretary of state may use any reasonable statistical sampling

method as the basis for verification. The secretary of state shall

prescribe rules for the withdrawal of a petition, except that a

petition may not be withdrawn after the petition is filed with the

secretary of state. If the secretary of state determines that the

petition does not contain the required number of signatures, the

petitioners have 60 days after the date of that determination to

obtain additional signatures. The secretary of state shall

determine the validity of a petition not later than the 60th day

after the petition is filed. On determining that the petition

complies with this section, the secretary of state shall certify it

as valid and submit the proposed measure to the Texas Legislative

Council.

(h) If a certified petition proposes a statutory measure,

the secretary of state shall submit the question of approval or

disapproval of the measure to the voters of the state at an election

to be held on the first Tuesday after the first Monday in November

that occurs on or after the 180th day after the date the petition is

submitted to the secretary of state for certification. If the

measure is approved by a majority of those voting on the question,

the statutory change proposed by the measure takes effect according

to its terms.

(i) If a statutory measure proposed by petition becomes law,

it may be amended or repealed within five years after it takes

effect only on the record vote of two-thirds of the members elected

to each house.

(j) If a certified petition proposes a constitutional

measure, the secretary of state shall submit the question of

approval or disapproval of the measure to the voters at an election

to be held on the first Tuesday after the first Monday in November

that occurs on or after the 180th day after the date the petition is

submitted to the secretary of state for certification. If the

measure is approved by a 60 percent majority of those voting on the

question, the amendment proposed by the measure becomes a part of

the constitution.

(k) The secretary of state shall prepare the ballot

proposition for a measure proposed by initiative. The proposition

must be descriptive but not argumentative or prejudicial. The

provisions of this constitution and of law that apply to

publication of constitutional amendments proposed under Section 1,

Article XVII, of this constitution apply to the publication of

measures proposed under this section.

(l) A reference in this section to the Texas Legislative

Council or Legislative Budget Board includes the entity's successor

in function.

(m) This section is self-executing, but laws may be enacted

to facilitate its operation. However, no law may be enacted to

hamper, restrict, or impair the exercise of the power of

initiative.

Sec. 1B. (a) The people reserve to themselves the power by

petition and election to repeal statutes enacted by the legislature

as provided by this section. This power is known as the referendum.

(b) The referendum power extends, as provided by this

section, to any bill enacted during a regular or special session of

the legislature, including a bill relating to the composition of

districts for the election of members of a governmental body. It

extends to each bill in its entirety and not to a part of the bill.

(c) A written request for a petition proposing the repeal of

a bill enacted by the legislature must be submitted to the secretary

of state in a form prescribed by the secretary of state with a

filing fee of $2,000, which is refundable if the referendum is

placed on the ballot. The request must be filed not later than the

180th day after the date of final adjournment of the session in

which the bill is enacted.

(d) The secretary of state shall prepare and issue, in the

number requested, approved copies of a petition proposing repeal of

the bill. The secretary of state may charge for each copy a

reasonable fee to cover the cost of reproduction. The petition must

include a citation of the bill, citations of any laws amended or

repealed by the bill, and a statement, not argumentative or

prejudicial, briefly describing the effect of the bill.

(e) To be certified as valid, a referendum petition must be

filed with the secretary of state not later than the 180th day after

the date of its issuance and must be signed by a number of

registered voters equal to at least five percent of the total number

of votes received by all candidates for governor in the most recent

gubernatorial general election in each Texas Senate district as

well as statewide.

(f) The secretary of state shall review the petition to

determine whether it is valid. The secretary of state may use any

reasonable statistical sampling method as the basis for

verification. On determining that the petition complies with this

section, the secretary of state shall certify it as valid and shall

submit the proposal to the voters at an election to be held on the

first Tuesday after the first Monday in November that occurs on or

after the 45th day after the date the petition is submitted. The

ballot shall be printed to permit voting for or against the

proposition: "Repeal of __B. No. ____, which (brief statement of

effect of bill)."

(g) The provisions of this constitution and of law that

apply to publication of constitutional amendments proposed under

Section 1, Article XVII, of this constitution apply to the

publication of a referendum proposal.

(h) If a referendum proposal is approved by a majority of

those voting on the question, the repeal is effective immediately

on official declaration of the result of the election, whether or

not the bill repealed took effect before the date of the election.

(i) This section is self-executing, but laws may be enacted

to facilitate its operation. However, no law may be enacted to

hamper, restrict, or impair the exercise of the power of

referendum.

SECTION 2. Article XVII, Texas Constitution, is amended by

adding Section 1A to read as follows:

Sec. 1A. In addition to the mode of amendment provided by

Section 1 of this article, the constitution may be amended by the

initiative procedure authorized by Section 1A, Article III, of this

constitution.

SECTION 3. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 2, 2027.

The ballot shall be printed to permit voting for or against the

proposition: "The constitutional amendment reserving to the people

the powers of initiative and referendum."