Texas 2017 - 85th Regular

Texas Senate Bill SB1296 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Huffman S.B. No. 1296
2		-	(In the Senate - Filed March 3, 2017; March 13, 2017, read
3		-	first time and referred to Committee on State Affairs;
4		-	April 3, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 3, 2017,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1296 By: Huffman
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10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the review of ballot proposition language for certain
14	7		political subdivision elections.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subchapter C, Chapter 52, Election Code, is
17	10		amended by adding Section 52.0721 to read as follows:
18	11		Sec. 52.0721. REVIEW OF BALLOT PROPOSITION LANGUAGE.
19	12		(a) This section applies only to an election on a measure held by a
20	13		political subdivision located primarily in a county with a
21	14		population of more than 120,000. This section does not apply to an
22	15		election for which a statute provides the ballot proposition
23	16		language.
24	17		(b) Not later than the 109th day before an election, a
25	18		political subdivision seeking to hold an election on a measure
26	19		shall submit to the regional presiding judge of the administrative
27	20		judicial region that the political subdivision is located in:
28	21		(1) the ballot proposition language; and
29	22		(2) a brief statement on the purpose of the
30	23		proposition.
31	24		(c) A political subdivision that is located in two or more
32	25		administrative judicial regions may select the administrative
33	26		judicial region to which the political subdivision submits the
34	27		proposition language for review.
35	28		(d) A judge receiving a submission under Subsection (b)
36	29		shall appoint three judges from the administrative judicial region
37	30		to serve on a panel to review the ballot proposition language before
38	31		the election may be held.
39	32		(e) If the panel finds the language of the proposition is
40	33		clear and understandable to the average voter, the panel shall
41	34		approve the language of the proposition for the ballot.
42	35		(f) If the panel finds the language of the proposition is
43	36		not clear and understandable to the average voter or does not make a
44	37		finding on the proposition language before the 31st day after the
45	38		date the panel is appointed, the language is disapproved and may not
46	39		be used on the ballot at the election. The panel may provide the
47	40		political subdivision with rewritten ballot proposition language
48	41		that is clear and understandable to the average voter for use in the
49	42		election.
50	43		(g) Following disapproval under Subsection (f), the
51	44		political subdivision may:
52	45		(1) hold the election with the rewritten ballot
53	46		proposition language provided by the panel; or
54	47		(2) submit revised ballot proposition language for
55	48		approval by the panel in the manner provided under Subsections (e)
56	49		and (f).
57	50		(h) To the extent of a conflict between this section and any
58	51		provision of law requiring a political subdivision to hold an
59	52		election on a measure within a certain period, this section
60	53		controls.
61	54		SECTION 2. The change in law made by this Act applies only
62	55		to an election ordered on or after the effective date of this Act.
63	56		An election ordered before the effective date of this Act is
64	57		governed by the law in effect when the election was ordered, and the
65	58		former law is continued in effect for that purpose.
66	59		SECTION 3. This Act takes effect September 1, 2017.
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