Texas 2023 - 88th Regular

Texas House Bill HB4701

Filed
3/10/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the review of ballot proposition language for certain elections held by home-rule municipalities.

Impact

The legislation could have significant ramifications for how municipalities manage their voter-initiated propositions and charter amendments. By requiring Attorney General review, HB 4701 centralizes authority over ballot propositions and may streamline the process of ensuring that propositions comply with state law. However, it also raises concerns about undue influence of the Attorney General's office over local elections and the potential stifling of local governance. Critics suggest that this could lead to less transparency and autonomy for municipalities, as they now must seek approval from a state-level authority.

Summary

House Bill 4701 pertains to the review of ballot proposition language specifically for elections held by home-rule municipalities in Texas. The bill mandates that municipalities submit the language of any proposed ballot propositions to the Attorney General for review prior to elections. This regulation aims to ensure that the proposed language aligns with state laws, thereby enhancing clarity and consistency in the electoral process. If approved by the Attorney General, the language will be used; if disapproved, alternate language can be submitted by the municipality. This bill signifies a shift in the control and verification of ballot language, previously managed at the municipal level.

Sentiment

The sentiment surrounding HB 4701 appears divided. Proponents argue that the bill will foster clarity and reduce legal disputes regarding ballot propositions, creating a more informed electorate. They emphasize the importance of aligning ballot language with existing state laws to simplify voter comprehension. Conversely, opponents express concerns about the implications of handing over authority to the Attorney General, fearing that it may undermine local governance and limit citizens' ability to directly influence their municipal charters. This contention illustrates a broader debate regarding the balance of power between state and local authorities.

Contention

Notable points of contention include the consequences of granting the Attorney General unilateral authority over ballot language. Opponents of the bill spotlight the risk of politicizing the review process, which may not only delay elections but also potentially sway the outcomes based on the officeholder's inclinations. In addition, concerns have been raised that municipalities could be hindered in their ability to craft language that specifically addresses local issues or community sentiments, thereby affecting the responsiveness and dynamism of local governance.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 52. Ballot Form, Content, And Preparation
    • Section: New Section

Companion Bills

TX SB1912

Identical Relating to the review of ballot proposition language for certain political subdivision elections.

Similar Bills

SC H3491

Constitutional amendment

TX SB1912

Relating to the review of ballot proposition language for certain political subdivision elections.

TX HB3376

Relating to the review of ballot proposition language for certain political subdivision elections.

TX SB323

Relating to the review of ballot proposition language for certain political subdivision elections.

TX SB328

Relating to the numbering of local and state propositions on the ballot.

WY HB0212

Local sales and use tax amendments.

TX SB1296

Relating to the review of ballot proposition language for certain political subdivision elections.

TX SB506

Relating to requirements for certain petitions requesting an election and ballot propositions and to related procedures and provisions.