Texas 2019 - 86th Regular

Texas Senate Bill SB323 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R33319 SRS-D
2	1		By: Huffman S.B. No. 323
3		-	(Klick)
4		-	Substitute the following for S.B. No. 323: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the review of ballot proposition language for certain
10	7		political subdivision elections.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Subchapter C, Chapter 52, Election Code, is
13	10		amended by adding Section 52.0721 to read as follows:
14	11		Sec. 52.0721. REVIEW OF BALLOT PROPOSITION LANGUAGE.
15	12		(a) This section applies only to an election on a measure held by a
16	13		political subdivision located primarily in a county with a
17	14		population of more than 120,000. This section does not apply to an
18		-	election:
19		-	(1) for which a statute provides the ballot
20		-	proposition language;
21		-	(2) for the issuance of bonds by a political
22		-	subdivision; or
23		-	(3) for the imposition or increase in the rate of a tax
24		-	for the payment of bonds.
	15	+	election for which a statute provides the ballot proposition
	16	+	language.
25	17		(b) Not later than the 123rd day before an election, a
26	18		political subdivision seeking to hold an election on a measure
27	19		shall submit to the regional presiding judge of the administrative
28	20		judicial region that the political subdivision is located in:
29	21		(1) the ballot proposition language; and
30	22		(2) a brief statement on the purpose of the
31	23		proposition.
32	24		(c) A political subdivision that is located in two or more
33	25		administrative judicial regions may select the administrative
34	26		judicial region to which the political subdivision submits the
35	27		proposition language for review.
36	28		(d) A regional presiding judge shall appoint three judges
37	29		from the administrative judicial region to serve on a panel to
38	30		review ballot proposition language.
39	31		(e) Not later than the 45th day after the receipt by the
40	32		presiding judge of the ballot proposition language, the panel
41	33		shall:
42	34		(1) approve the ballot proposition language under
43	35		Subsection (f); or
44	36		(2) disapprove the ballot proposition language and
45	37		provide the political subdivision with rewritten ballot
46	38		proposition language under Subsection (g).
47	39		(f) If the panel finds the language of the proposition is
48	40		clear and understandable to the average voter, the panel shall
49	41		approve the language of the proposition for the ballot.
50	42		(g) If the panel finds the language of the proposition is
51	43		not clear and understandable to the average voter, the language is
52	44		disapproved and may not be used on the ballot at the election. The
53	45		panel shall provide the political subdivision with rewritten ballot
54	46		proposition language that is clear and understandable to the
55	47		average voter for use in the election.
56	48		(h) Following disapproval under Subsection (g), the
57	49		political subdivision may:
58	50		(1) hold the election with the rewritten ballot
59	51		proposition language provided by the panel; or
60	52		(2) submit revised ballot proposition language for
61	53		approval by the panel in the manner provided under Subsections (f)
62	54		and (g).
63	55		(i) To the extent of a conflict between this section and any
64	56		provision of law requiring a political subdivision to hold an
65	57		election on a measure within a certain period, this section
66	58		controls.
67	59		SECTION 2. (a) The change in law made by this Act applies
68	60		only to an election ordered on or after the effective date of this
69	61		Act. An election ordered before the effective date of this Act is
70	62		governed by the law in effect when the election was ordered, and the
71	63		former law is continued in effect for that purpose.
72	64		(b) Not later than February 1, 2020, each regional presiding
73	65		judge of an administrative judicial region shall appoint three
74	66		judges from the administrative judicial region to serve on a panel
75	67		to review ballot proposition language.
76	68		SECTION 3. This Act takes effect January 1, 2020.