Texas 2019 - 86th Regular

Texas Senate Bill SB1225 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt, et al. S.B. No. 1225
	1	+	By: Bettencourt S.B. No. 1225
	2	+	(In the Senate - Filed February 27, 2019; March 7, 2019,
	3	+	read first time and referred to Committee on Property Tax;
	4	+	April 15, 2019, reported favorably by the following vote: Yeas 5,
	5	+	Nays 0; April 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to requirements for certain petitions requesting an
7	12		election and ballot propositions.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	14		SECTION 1. Section 52.072, Election Code, is amended by
10	15		adding Subsection (f) to read as follows:
11	16		(f) A proposition must substantially submit the question
12	17		with such definiteness and certainty that the voters are not
13	18		misled.
14	19		SECTION 2. Chapter 233, Election Code, is amended by adding
15	20		Section 233.0115 to read as follows:
16	21		Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
17	22		orders a new election under Section 233.011, a person may seek from
18	23		the court a writ of mandamus to compel the governing body of a city
19	24		to comply with the requirement that a ballot proposition must
20	25		substantially submit the question with such definiteness and
21	26		certainty that the voters are not misled, as provided by Section
22	27		273.102.
23	28		SECTION 3. Section 253.094(b), Election Code, is amended to
24	29		read as follows:
25	30		(b) A corporation or labor organization may not make a
26	31		political contribution in connection with a recall election,
27	32		including the circulation and submission of a petition to call an
28	33		election. This subsection does not prohibit a religious
29	34		organization from circulating or submitting a petition in
30	35		connection with a recall election.
31	36		SECTION 4. Chapter 273, Election Code, is amended by adding
32	37		Subchapter F to read as follows:
33	38		SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
34	39		Sec. 273.101. REVIEW BY SECRETARY OF STATE. (a) Not later
35	40		than the seventh day after the date on which a home-rule city
36	41		publishes in the election order or by other means ballot
37	42		proposition language proposing an amendment to the city charter or
38	43		a voter-initiated initiative or referendum as requested by
39	44		petition, a registered voter eligible to vote in the election may
40	45		submit the proposition for review by the secretary of state.
41	46		(b) The secretary of state shall review the proposition not
42	47		later than the seventh day after the date the secretary receives the
43	48		submission to determine whether the proposition is misleading or
44	49		inaccurate.
45	50		(c) If the secretary of state determines that the
46	51		proposition is misleading or inaccurate, the city shall draft a
47	52		proposition to cure the defects and give notice of the new
48	53		proposition using the method of giving notice prescribed for notice
49	54		of an election under Section 4.003.
50	55		(d) A proposition drafted by a city under Subsection (c) to
51	56		cure the defects may be submitted to the secretary of state under
52	57		Subsection (a). If the secretary of state determines that the city
53	58		has on its third attempt drafted a proposition that is misleading or
54	59		inaccurate, the secretary of state shall draft the ballot
55	60		proposition.
56	61		Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a
57	62		court of competent jurisdiction seeking a writ of mandamus to
58	63		compel the city's governing body to comply with the requirement
59	64		that a ballot proposition must substantially submit the question
60	65		with such definiteness and certainty that the voters are not
61	66		misled, the court shall make its determination without delay and
62	67		may order the city to use ballot proposition language drafted by the
63	68		court.
64	69		(b) The court may award a plaintiff or relator who
65	70		substantially prevails in a mandamus action described by Subsection
66	71		(a) the party's reasonable attorney's fees, expenses, and court
67	72		costs.
68	73		(c) Governmental immunity to suit is waived and abolished
69	74		only to the extent of the liability created by Subsection (b).
70	75		Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE.
71	76		Following a final nonappealable judgment containing a finding by a
72	77		court that a ballot proposition drafted by a city failed to
73	78		substantially submit the question with such definiteness and
74	79		certainty that the voters are not misled, the city shall submit to
75	80		the secretary of state for approval any proposition to be voted on
76	81		at an election held by the city before the fourth anniversary of the
77	82		court's finding.
78	83		Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES.
79	84		Notwithstanding a home-rule city charter provision to the contrary,
80	85		a city may not accept legal services relating to a proceeding under
81	86		this subchapter without paying fair market value for those
82	87		services.
83	88		SECTION 5. Sections 277.001, 277.002, 277.0021, 277.0022,
84	89		277.0023, 277.0024, and 277.003, Election Code, are designated as
85	90		Subchapter A, Chapter 277, Election Code, and a heading is added to
86	91		Subchapter A to read as follows:
87	92		SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND
88	93		VERIFICATION OF PETITIONS
89	94		SECTION 6. Section 277.001, Election Code, is amended to
90	95		read as follows:
91	96		Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
92	97		subchapter [chapter] applies to a petition authorized or required
93	98		to be filed under a law outside this code in connection with an
94	99		election.
95	100		SECTION 7. Section 277.002, Election Code, is amended by
96	101		adding Subsection (f) to read as follows:
97	102		(f) The illegibility of a signature on a petition submitted
98	103		to a home-rule city is not a valid basis for invalidating the
99	104		signature if the information provided with the signature as
100	105		required by this section and other applicable law legibly provides
101	106		enough information to demonstrate that the signer:
102	107		(1) is eligible to have signed the petition; and
103	108		(2) signed the petition on or after the 180th day
104	109		before the date the petition was filed.
105	110		SECTION 8. Subchapter A, Chapter 277, Election Code, as
106	111		added by this Act, is amended by adding Section 277.005 to read as
107	112		follows:
108	113		Sec. 277.005. PETITION FORM; USE BY CITY AND OTHER PERSONS.
109	114		(a) The secretary of state shall prescribe a form, content, and
110	115		procedure for a petition.
111	116		(b) A home-rule city that uses a form that is different from
112	117		the official form prescribed under Subsection (a) may not
113	118		invalidate a petition because the petition does not contain
114	119		information that the petition form failed to provide for or to
115	120		require to be provided.
116	121		(c) A person who circulates or submits a petition is not
117	122		required to use a petition form prescribed by the secretary of state
118	123		or a home-rule city. A petition that does not use an officially
119	124		prescribed form must contain the substantial elements required to
120	125		be provided on the officially prescribed form.
121	126		SECTION 9. Chapter 277, Election Code, is amended by adding
122	127		Subchapter B to read as follows:
123	128		SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
124	129		Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
125	130		applies to a home-rule city that has a procedure requiring the
126	131		governing body of the city to hold an election on receipt of a
127	132		petition requesting the election that complies with the applicable
128	133		requirements.
129	134		Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
130	135		provisions of this subchapter apply notwithstanding any city
131	136		charter provision or other law.
132	137		Sec. 277.033. DETERMINATION OF VALIDITY. The city
133	138		secretary shall determine the validity of a petition submitted
134	139		under this subchapter, including by verifying the petition
135	140		signatures, not later than the 30th day after the date the city
136	141		receives the petition.
137	142		Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city
138	143		may not restrict who may collect petition signatures.
139	144		SECTION 10. Sections 9.004(a) and (c), Local Government
140	145		Code, are amended to read as follows:
141	146		(a) The governing body of a municipality on its own motion
142	147		may submit a proposed charter amendment to the municipality's
143	148		qualified voters for their approval at an election. The governing
144	149		body shall submit a proposed charter amendment to the voters for
145	150		their approval at an election if the submission is supported by a
146	151		petition signed by a number of registered [qualified] voters of the
147	152		municipality equal to at least five percent of the number of
148	153		registered [qualified] voters of the municipality on the date of
149	154		the most recent election held throughout the municipality or
150	155		20,000, whichever number is the smaller.
151	156		(c) Notice of the election shall be published in a newspaper
152	157		of general circulation published in the municipality. The notice
153	158		must:
154	159		(1) include a substantial copy of the proposed
155	160		amendment in which language sought to be deleted by the amendment is
156	161		bracketed and stricken through and language sought to be added by
157	162		the amendment is underlined;
158	163		(2) include an estimate of the anticipated fiscal
159	164		impact to the municipality if the proposed amendment is approved at
160	165		the election; and
161	166		(3) be published on the same day in each of two
162	167		successive weeks, with the first publication occurring before the
163	168		14th day before the date of the election.
164	169		SECTION 11. Section 277.004, Election Code, is repealed.
165	170		SECTION 12. Not later than January 1, 2020, the secretary of
166	171		state shall adopt a petition form as required by Section 277.005,
167	172		Election Code, as added by this Act.
168	173		SECTION 13. The changes in law made by this Act apply only
169	174		to a petition submitted on or after January 1, 2020.
170	175		SECTION 14. This Act takes effect September 1, 2019.
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