By: Meza H.J.R. No. 73
A JOINT RESOLUTION
proposing a constitutional amendment to reserve to the people the
powers of initiative and referendum; authorizing new fees.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
amending Section 1 and adding Sections 1A, 1B, and 1C to read as
follows:
Sec. 1. Subject to Sections 1A and 1B of this article, the
[The] Legislative power of this State shall be vested in a Senate
and House of Representatives, which together shall be styled "The
Legislature of the State of Texas."
Sec. 1A. (a) The people reserve to themselves the power to
propose statutory and constitutional measures by petition for
submission to the electorate and to have those measures enacted as
provided by this section. This power is known as the initiative.
(b) A proposed statutory or constitutional measure and a
good faith filing fee established by the secretary of state to
reasonably cover administrative costs must be submitted to the
Texas Legislative Council. A proposed measure may not contain more
than one subject. The Texas Legislative Council shall advise the
petitioner as to proper form and language and, with the consent of
the petitioner, may redraft the text of the measure as necessary or
desirable to achieve its purposes. If the Texas Legislative
Council determines that any provision of a proposed statutory
measure would be invalid under this constitution, or if the measure
requires funding but does not contain a new source of revenue, the
Texas Legislative Council shall return the measure to the
petitioner accompanied by written reasons for that determination.
A measure determined to be unconstitutional or that does not
include the required source of revenue may not be forwarded to other
state officers under Subsection (c) of this section.
(c) If the Texas Legislative Council determines that the
proposed measure authorizes or requires the expenditure or
diversion of any state funds, the Texas Legislative Council shall
forward the measure to the comptroller of public accounts for the
preparation of a fiscal note. Otherwise, the Texas Legislative
Council shall forward the measure to the secretary of state.
(d) After receipt of a proposed measure from the Texas
Legislative Council, the comptroller shall prepare and sign the
fiscal note, attach it to the measure, and forward the measure to
the secretary of state. In the fiscal note, the comptroller shall
outline the fiscal implications and probable cost of the measure
each year for the first five years after its effective date and
include a statement as to whether there will be costs involved
thereafter.
(e) Not later than the 15th day after receipt of a proposed
measure from the Texas Legislative Council or comptroller, the
secretary of state shall issue to the petitioner approved copies of
an initiative petition proposing the measure in the number
requested. The secretary may charge for each copy a reasonable fee
to cover the cost of reproduction. The secretary shall prescribe
standards of form and design for a petition. Each part of a
petition must include the full text of the proposed measure.
(f) An initiative petition that proposes a measure must be
signed by a number of registered voters equal to at least five
percent of the total number of votes received by all candidates for
governor in the most recent gubernatorial general election in each
of the state senate districts as well as statewide.
(g) To be certified as valid, the petition containing the
required number of signatures must be filed with the secretary of
state not later than the second anniversary of the date the approved
copies are issued by the secretary. Not later than the 60th day
after the date a petition is filed, the secretary shall review the
petition and determine whether it is valid. The secretary may use
any reasonable statistical sampling method as the basis for
verification. If the secretary determines that the petition does
not contain the required number of signatures, the petitioners have
60 days after the date of that determination to obtain additional
signatures. On determining that the petition complies with this
section, the secretary shall certify it as valid.
(h) If a certified petition proposes a statutory measure,
the secretary of state shall submit the question of approval or
disapproval of the measure to the voters of the state at an election
to be held on the first Tuesday after the first Monday in November
of an even-numbered year that occurs on or after the 150th day after
the date the petition is submitted to the secretary of state for
certification. If the measure is approved by a majority of those
voting on the question, the statutory change proposed by the
measure takes effect according to its terms.
(i) Except as provided by Section 1C of this article, a
statutory measure proposed by petition that becomes law may be
amended or repealed only by another statutory measure proposed
under this section.
(j) If a certified petition proposes a constitutional
measure, the secretary of state shall submit the question of
approval or disapproval of the measure to the voters at an election
to be held on the first Tuesday after the first Monday in November
of an even-numbered year that occurs on or after the 150th day after
the date the petition is submitted to the secretary of state for
certification. If the measure is approved by a majority of those
voting on the question, the amendment proposed by the measure
becomes a part of the constitution.
(k) The secretary of state shall prepare the ballot
proposition for a measure proposed by initiative. The proposition
must be descriptive but not argumentative or prejudicial. The
provisions of this constitution and of law that apply to
publication of constitutional amendments proposed under Section 1,
Article XVII, of this constitution apply to the publication of
measures proposed under this section.
(l) A person circulating a petition for signatures under
this section may receive compensation for that activity.
(m) This section is self-executing, but laws may be enacted
to facilitate its operation. However, no law may be enacted to
hamper, restrict, or impair the exercise of the power of
initiative.
(n) To the extent of any conflict between two proposed
statutory measures approved at the same election, the measure
receiving the greatest number of votes in favor of the measure
controls. To the extent of any conflict between two proposed
constitutional measures approved at the same election, the measure
receiving the greatest number of votes in favor of the measure
controls.
Sec. 1B. (a) The people reserve to themselves the power by
petition and election to repeal statutes enacted by the legislature
as provided by this section. This power is known as the referendum.
(b) The referendum power extends, as provided by this
section, to any bill enacted during a regular or special session of
the legislature. It extends to each bill in its entirety and not to
a part of the bill.
(c) A written request for a petition proposing the repeal of
a bill enacted by the legislature must be submitted to the secretary
of state in a form prescribed by the secretary with a good faith
filing fee established by the secretary of state to reasonably
cover administrative costs. The request must be filed not later
than the 180th day after the date of final adjournment of the
session in which the bill is enacted.
(d) The secretary of state shall prepare and issue, in the
number requested, approved copies of a petition proposing repeal of
the bill. The secretary may charge for each copy a reasonable fee
to cover the cost of reproduction. The petition must include a
citation of the bill, citations of any laws amended or repealed by
the bill, and a statement, not argumentative or prejudicial,
briefly describing the effect of the bill.
(e) To be certified as valid, a referendum petition must be
filed with the secretary of state not later than the 180th day after
the date of its issuance and must be signed by a number of
registered voters equal to at least five percent of the total number
of votes received by all candidates for president in the most recent
presidential general election in each of the state senate districts
as well as statewide.
(f) Not later than the 60th day after the date a petition is
filed, the secretary of state shall review the petition and
determine whether it is valid. The secretary may use any reasonable
statistical sampling method as the basis for verification. If the
secretary determines that the petition does not contain the
required number of signatures, the petitioners have 60 days after
the date of that determination to obtain additional signatures. On
determining that the petition complies with this section, the
secretary shall certify it as valid and shall submit the proposal to
the voters at an election to be held on the first Tuesday after the
first Monday in November of an even-numbered year that occurs on or
after the 45th day after the date the petition is submitted. The
ballot shall be printed to permit voting for or against the
proposition: "Repeal of .B. No. , which (brief statement of effect
of bill)."
(g) The provisions of this constitution and of law that
apply to publication of constitutional amendments proposed under
Section 1, Article XVII, of this constitution apply to the
publication of a referendum proposal.
(h) If a referendum proposal is approved by a majority of
those voting on the question, the repeal is effective immediately
on official declaration of the result of the election, whether or
not the bill repealed took effect before the date of the election.
(i) A person circulating a petition for signatures under
this section may receive compensation for that activity.
(j) This section is self-executing, but laws may be enacted
to facilitate its operation. However, no law may be enacted to
hamper, restrict, or impair the exercise of the power of
referendum.
Sec. 1C. The legislature may consider any measure approved
at an election held under Section 1A of this article or any
referendum proposal approved under Section 1B of this article. If,
on consideration, the measure or proposal is disapproved by
two-thirds of the membership of each house and by the governor, the
measure or proposal is repealed.
SECTION 2. Article XVII, Texas Constitution, is amended by
adding Section 1A to read as follows:
Sec. 1A. In addition to the mode of amendment provided by
Section 1 of this article, the constitution may be amended by the
initiative procedure authorized by Section 1A, Article III, of this
constitution.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2019.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment reserving to the people
the powers of initiative and referendum."