By: Huffman S.B. No. 1296
(In the Senate - Filed March 3, 2017; March 13, 2017, read
first time and referred to Committee on State Affairs;
April 3, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 3, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1296 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the review of ballot proposition language for certain
political subdivision elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 52, Election Code, is
amended by adding Section 52.0721 to read as follows:
Sec. 52.0721. REVIEW OF BALLOT PROPOSITION LANGUAGE.
(a) This section applies only to an election on a measure held by a
political subdivision located primarily in a county with a
population of more than 120,000. This section does not apply to an
election for which a statute provides the ballot proposition
language.
(b) Not later than the 109th day before an election, a
political subdivision seeking to hold an election on a measure
shall submit to the regional presiding judge of the administrative
judicial region that the political subdivision is located in:
(1) the ballot proposition language; and
(2) a brief statement on the purpose of the
proposition.
(c) A political subdivision that is located in two or more
administrative judicial regions may select the administrative
judicial region to which the political subdivision submits the
proposition language for review.
(d) A judge receiving a submission under Subsection (b)
shall appoint three judges from the administrative judicial region
to serve on a panel to review the ballot proposition language before
the election may be held.
(e) If the panel finds the language of the proposition is
clear and understandable to the average voter, the panel shall
approve the language of the proposition for the ballot.
(f) If the panel finds the language of the proposition is
not clear and understandable to the average voter or does not make a
finding on the proposition language before the 31st day after the
date the panel is appointed, the language is disapproved and may not
be used on the ballot at the election. The panel may provide the
political subdivision with rewritten ballot proposition language
that is clear and understandable to the average voter for use in the
election.
(g) Following disapproval under Subsection (f), the
political subdivision may:
(1) hold the election with the rewritten ballot
proposition language provided by the panel; or
(2) submit revised ballot proposition language for
approval by the panel in the manner provided under Subsections (e)
and (f).
(h) To the extent of a conflict between this section and any
provision of law requiring a political subdivision to hold an
election on a measure within a certain period, this section
controls.
SECTION 2. The change in law made by this Act applies only
to an election ordered on or after the effective date of this Act.
An election ordered before the effective date of this Act is
governed by the law in effect when the election was ordered, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
* * * * *