By: Klick H.B. No. 3376
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 123rd 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 regional presiding judge shall appoint three judges
from the administrative judicial region to serve on a panel to
review ballot proposition language.
(e) Not later than the 45th day after the receipt by the
presiding judge of the ballot proposition language, the panel
shall:
(1) approve the ballot proposition language under
Subsection (f); or
(2) disapprove the ballot proposition language and
provide the political subdivision with rewritten ballot
proposition language under Subsection (g).
(f) 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.
(g) If the panel finds the language of the proposition is
not clear and understandable to the average voter, the language is
disapproved and may not be used on the ballot at the election. The
panel shall provide the political subdivision with rewritten ballot
proposition language that is clear and understandable to the
average voter for use in the election.
(h) Following disapproval under Subsection (g), 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 (f)
and (g).
(i) 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. (a)
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.
(b) Not later than February 1, 2020, each regional presiding
judge of an administrative judicial region shall appoint three
judges from the administrative judicial region to serve on a panel
to review ballot proposition language.
SECTION 3. This Act takes effect January 1, 2020.