Texas 2021 - 87th Regular

Texas Senate Bill SB1430 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R7671 MLH-D
1	2		By: Bettencourt S.B. No. 1430
2		-	(In the Senate - Filed March 10, 2021; March 18, 2021, read
3		-	first time and referred to Committee on State Affairs;
4		-	May 20, 2021, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 1; May 20, 2021,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1430 By: Lucio
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to requirements for certain petitions requesting an
14		-	election and ballot propositions and to related procedures and
15		-	provisions.
	8	+	election and ballot propositions.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Section 52.072, Election Code, is amended by
18	11		adding Subsection (g) to read as follows:
19	12		(g) A proposition must substantially submit the question
20	13		with such definiteness, certainty, and facial neutrality that the
21	14		voters are not misled.
22	15		SECTION 2. Chapter 233, Election Code, is amended by adding
23	16		Section 233.0115 to read as follows:
24	17		Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
25	18		orders a new election under Section 233.011, a person may seek from
26	19		the court a writ of mandamus to compel the governing body of a city
27	20		to comply with the requirement that a ballot proposition must
28	21		substantially submit the question with such definiteness,
29	22		certainty, and facial neutrality that the voters are not misled, as
30	23		provided by Section 273.102.
31	24		SECTION 3. Section 253.094(b), Election Code, is amended to
32	25		read as follows:
33	26		(b) A corporation or labor organization may not make a
34	27		political contribution in connection with a recall election,
35	28		including the circulation and submission of a petition to call an
36	29		election. This subsection does not prohibit a religious
37	30		organization from circulating or submitting a petition in
38	31		connection with a recall election.
39	32		SECTION 4. Chapter 273, Election Code, is amended by adding
40	33		Subchapter F to read as follows:
41	34		SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
42	35		Sec. 273.101. REVIEW BY SECRETARY OF STATE. (a) Not later
43	36		than the seventh day after the date on which a home-rule city
44	37		publishes in the election order or by other means ballot
45	38		proposition language proposing an amendment to the city charter or
46	39		a voter-initiated initiative or referendum as requested by
47	40		petition, a registered voter eligible to vote in the election may
48	41		submit the proposition for review by the secretary of state.
49	42		(b) The secretary of state shall review the proposition not
50	43		later than the seventh day after the date the secretary receives the
51	44		submission to determine whether the proposition is misleading,
52	45		inaccurate, or prejudicial.
53	46		(c) If the secretary of state determines that the
54	47		proposition is misleading, inaccurate, or prejudicial, the city
55	48		shall draft a proposition to cure the defects and give notice of the
56	49		new proposition using the method of giving notice prescribed for
57	50		notice of an election under Section 4.003.
58	51		(d) A proposition drafted by a city under Subsection (c) to
59	52		cure the defects may be submitted to the secretary of state under
60	53		Subsection (a). If the secretary of state determines that the city
61	54		has on its third attempt drafted a proposition that is misleading,
62	55		inaccurate, or prejudicial, the secretary of state shall draft the
63	56		ballot proposition.
64	57		Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a
65	58		court of competent jurisdiction seeking a writ of mandamus to
66	59		compel the city's governing body to comply with the requirement
67	60		that a ballot proposition must substantially submit the question
68	61		with such definiteness, certainty, and facial neutrality that the
69	62		voters are not misled, the court shall make its determination
70	63		without delay and may order the city to use ballot proposition
71	64		language drafted by the court.
72	65		(b) The court may award a plaintiff or relator who
73	66		substantially prevails in a mandamus action described by Subsection
74	67		(a) the party's reasonable attorney's fees, expenses, and court
75	68		costs.
76	69		(c) Governmental immunity to suit is waived and abolished
77	70		only to the extent of the liability created by Subsection (b).
78	71		Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE.
79	72		Following a final nonappealable judgment containing a finding by a
80	73		court that a ballot proposition drafted by a city failed to
81	74		substantially submit the question with such definiteness,
82	75		certainty, and facial neutrality that the voters are not misled,
83	76		the city shall submit to the secretary of state for approval any
84	77		proposition to be voted on at an election held by the city before
85	78		the fourth anniversary of the court's finding.
86	79		Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES.
87	80		Notwithstanding a home-rule city charter provision to the contrary,
88	81		a city may not accept legal services relating to a proceeding under
89	82		this subchapter without paying fair market value for those
90	83		services.
91	84		SECTION 5. Chapter 277, Election Code, is amended by
92	85		designating Sections 277.001, 277.002, 277.0021, 277.0022,
93	86		277.0023, 277.0024, and 277.003 as Subchapter A and adding a
94	87		subchapter heading to read as follows:
95	88		SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND
96	89		VERIFICATION OF PETITIONS
97	90		SECTION 6. Section 277.001, Election Code, is amended to
98	91		read as follows:
99	92		Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
100	93		subchapter [chapter] applies to a petition authorized or required
101	94		to be filed under a law outside this code in connection with an
102	95		election.
103	96		SECTION 7. Section 277.002, Election Code, is amended by
104	97		adding Subsection (f) to read as follows:
105	98		(f) The illegibility of a signature on a petition submitted
106	99		to a home-rule city is not a valid basis for invalidating the
107	100		signature if the information provided with the signature as
108	101		required by this section and other applicable law legibly provides
109	102		enough information to demonstrate that the signer:
110	103		(1) is eligible to have signed the petition; and
111	104		(2) signed the petition on or after the 180th day
112	105		before the date the petition was filed.
113	106		SECTION 8. Subchapter A, Chapter 277, Election Code, as
114	107		added by this Act, is amended by adding Section 277.005 to read as
115	108		follows:
116	109		Sec. 277.005. PETITION FORM; USE BY CITY AND OTHER PERSONS.
117	110		(a) The secretary of state shall prescribe a form, content, and
118	111		procedure for a petition.
119	112		(b) A home-rule city that uses a form that is different from
120	113		the official form prescribed under Subsection (a) may not
121	114		invalidate a petition because the petition does not contain
122	115		information that the petition form failed to provide for or to
123	116		require to be provided.
124	117		(c) A person who circulates or submits a petition is not
125	118		required to use a petition form prescribed by the secretary of state
126	119		or a home-rule city. A petition that does not use an officially
127	120		prescribed form must contain the substantial elements required to
128	121		be provided on the officially prescribed form.
129	122		SECTION 9. Chapter 277, Election Code, is amended by adding
130	123		Subchapter B to read as follows:
131	124		SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
132	125		Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
133	126		applies to a home-rule city that has a procedure requiring the
134	127		governing body of the city to hold an election on receipt of a
135	128		petition requesting the election that complies with the applicable
136	129		requirements.
137	130		Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
138	131		provisions of this subchapter apply notwithstanding any city
139	132		charter provision or other law.
140	133		Sec. 277.033. DETERMINATION OF VALIDITY. The city
141	134		secretary shall determine the validity of a petition submitted
142	135		under this subchapter, including by verifying the petition
143	136		signatures, not later than the 30th day after the date the city
144	137		receives the petition.
145	138		Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city
146	139		may not restrict who may collect petition signatures.
147	140		SECTION 10. Sections 9.004(a) and (c), Local Government
148	141		Code, are amended to read as follows:
149	142		(a) The governing body of a municipality on its own motion
150	143		may submit a proposed charter amendment to the municipality's
151	144		qualified voters for their approval at an election. The governing
152	145		body shall submit a proposed charter amendment to the voters for
153	146		their approval at an election if the submission is supported by a
154	147		petition signed by a number of registered [qualified] voters of the
155	148		municipality equal to at least five percent of the number of
156	149		registered [qualified] voters of the municipality on the date of
157	150		the most recent election held throughout the municipality or
158	151		20,000, whichever number is the smaller.
159	152		(c) Notice of the election shall be published in a newspaper
160	153		of general circulation published in the municipality. The notice
161	154		must:
162	155		(1) include a substantial copy of the proposed
163	156		amendment in which language sought to be deleted by the amendment is
164	157		bracketed and stricken through and language sought to be added by
165	158		the amendment is underlined;
166	159		(2) include an estimate of the anticipated fiscal
167	160		impact to the municipality if the proposed amendment is approved at
168	161		the election; and
169	162		(3) be published on the same day in each of two
170	163		successive weeks, with the first publication occurring before the
171	164		14th day before the date of the election.
172	165		SECTION 11. Section 277.004, Election Code, is repealed.
173	166		SECTION 12. Not later than January 1, 2022, the secretary of
174	167		state shall adopt a petition form as required by Section 277.005,
175	168		Election Code, as added by this Act.
176	169		SECTION 13. The changes in law made by this Act apply only
177	170		to a petition submitted on or after January 1, 2022.
178	171		SECTION 14. This Act takes effect September 1, 2021.
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