| 1 | 1 | | By: Klick H.B. No. 3376 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the review of ballot proposition language for certain |
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| 7 | 7 | | political subdivision elections. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 52, Election Code, is |
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| 10 | 10 | | amended by adding Section 52.0721 to read as follows: |
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| 11 | 11 | | Sec. 52.0721. REVIEW OF BALLOT PROPOSITION LANGUAGE. (a) |
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| 12 | 12 | | This section applies only to an election on a measure held by a |
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| 13 | 13 | | political subdivision located primarily in a county with a |
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| 14 | 14 | | population of more than 120,000. This section does not apply to an |
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| 15 | 15 | | election for which a statute provides the ballot proposition |
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| 16 | 16 | | language. |
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| 17 | 17 | | (b) Not later than the 123rd day before an election, a |
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| 18 | 18 | | political subdivision seeking to hold an election on a measure |
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| 19 | 19 | | shall submit to the regional presiding judge of the administrative |
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| 20 | 20 | | judicial region that the political subdivision is located in: |
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| 21 | 21 | | (1) the ballot proposition language; and |
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| 22 | 22 | | (2) a brief statement on the purpose of the |
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| 23 | 23 | | proposition. |
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| 24 | 24 | | (c) A political subdivision that is located in two or more |
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| 25 | 25 | | administrative judicial regions may select the administrative |
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| 26 | 26 | | judicial region to which the political subdivision submits the |
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| 27 | 27 | | proposition language for review. |
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| 28 | 28 | | (d) A regional presiding judge shall appoint three judges |
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| 29 | 29 | | from the administrative judicial region to serve on a panel to |
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| 30 | 30 | | review ballot proposition language. |
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| 31 | 31 | | (e) Not later than the 45th day after the receipt by the |
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| 32 | 32 | | presiding judge of the ballot proposition language, the panel |
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| 33 | 33 | | shall: |
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| 34 | 34 | | (1) approve the ballot proposition language under |
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| 35 | 35 | | Subsection (f); or |
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| 36 | 36 | | (2) disapprove the ballot proposition language and |
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| 37 | 37 | | provide the political subdivision with rewritten ballot |
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| 38 | 38 | | proposition language under Subsection (g). |
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| 39 | 39 | | (f) If the panel finds the language of the proposition is |
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| 40 | 40 | | clear and understandable to the average voter, the panel shall |
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| 41 | 41 | | approve the language of the proposition for the ballot. |
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| 42 | 42 | | (g) If the panel finds the language of the proposition is |
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| 43 | 43 | | not clear and understandable to the average voter, the language is |
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| 44 | 44 | | disapproved and may not be used on the ballot at the election. The |
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| 45 | 45 | | panel shall provide the political subdivision with rewritten ballot |
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| 46 | 46 | | proposition language that is clear and understandable to the |
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| 47 | 47 | | average voter for use in the election. |
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| 48 | 48 | | (h) Following disapproval under Subsection (g), the |
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| 49 | 49 | | political subdivision may: |
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| 50 | 50 | | (1) hold the election with the rewritten ballot |
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| 51 | 51 | | proposition language provided by the panel; or |
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| 52 | 52 | | (2) submit revised ballot proposition language for |
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| 53 | 53 | | approval by the panel in the manner provided under Subsections (f) |
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| 54 | 54 | | and (g). |
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| 55 | 55 | | (i) To the extent of a conflict between this section and any |
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| 56 | 56 | | provision of law requiring a political subdivision to hold an |
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| 57 | 57 | | election on a measure within a certain period, this section |
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| 58 | 58 | | controls. |
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| 59 | 59 | | SECTION 2. (a) |
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| 60 | 60 | | The change in law made by this Act applies |
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| 61 | 61 | | only to an election ordered on or after the effective date of this |
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| 62 | 62 | | Act. An election ordered before the effective date of this Act is |
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| 63 | 63 | | governed by the law in effect when the election was ordered, and the |
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| 64 | 64 | | former law is continued in effect for that purpose. |
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| 65 | 65 | | (b) Not later than February 1, 2020, each regional presiding |
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| 66 | 66 | | judge of an administrative judicial region shall appoint three |
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| 67 | 67 | | judges from the administrative judicial region to serve on a panel |
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| 68 | 68 | | to review ballot proposition language. |
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| 69 | 69 | | SECTION 3. This Act takes effect January 1, 2020. |
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