Texas 2021 - 87th 2nd C.S.

Texas House Bill HB211 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S20269 MLH-F
2	2	By: Swanson H.B. No. 211
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for certain petitions requesting an
8	8	election and ballot propositions and to related procedures and
9	9	provisions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Ballot Measure
12	12	Election Integrity Act of 2021.
13	13	SECTION 2. Section 52.072, Election Code, is amended by
14	14	adding Subsection (g) to read as follows:
15	15	(g) A proposition proposing an amendment to a city charter
16	16	or a voter-initiated initiative or referendum as requested by a
17	17	petition must use wording identical to the caption of any
18	18	corresponding petition as provided by Section 277.0015(b), as
19	19	applicable.
20	20	SECTION 3. Chapter 233, Election Code, is amended by adding
21	21	Section 233.0115 to read as follows:
22	22	Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
23	23	orders a home-rule city to order a new election under Section
24	24	233.011, a qualified voter of the home-rule city may seek from the
25	25	court a writ of mandamus to compel the governing body of the city to
26	26	comply with Section 52.072(g), as provided by Section 273.101.
27	27	SECTION 4. Chapter 273, Election Code, is amended by adding
28	28	Subchapter F to read as follows:
29	29	SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
30	30	Sec. 273.101. MANDAMUS ACTIONS. (a) A qualified voter of a
31	31	home-rule city may seek from the court a writ of mandamus to compel
32	32	the governing body of the city to comply with the requirement of
33	33	Section 52.072(g).
34	34	(b) The court must give absolute priority to a petition for
35	35	a writ brought under this section and shall make its determination
36	36	without delay and prior to the deadline for printing ballots.
37	37	(c) The court may award a petitioner who substantially
38	38	prevails in an action described by Subsection (a) the party's
39	39	reasonable attorney's fees, expenses, and court costs.
40	40	(d) Governmental immunity to suit and liability is waived
41	41	and abolished only to the extent of the liability created by
42	42	Subsection (c).
43	43	Sec. 273.102. REVIEW OF PETITION BY SECRETARY OF STATE. (a)
44	44	The governing body of a home-rule city or a qualified voter of the
45	45	home-rule city may file a complaint with the secretary of state
46	46	alleging that a caption is invalid under Section 277.0015.
47	47	(b) The secretary of state shall review a caption alleged to
48	48	be invalid in a complaint under Subsection (a) not later than the
49	49	seventh day after the date the secretary receives the complaint.
50	50	(c) If the secretary of state determines that a complaint
51	51	under Subsection (a) correctly alleges that a caption is invalid
52	52	under Section 277.0015, the secretary of state shall modify the
53	53	caption and provide the modified caption to the home-rule city for
54	54	use as a ballot proposition.
55	55	(d) In modifying a caption under Subsection (c), the
56	56	secretary of state shall:
57	57	(1) seek input from persons who signed or circulated
58	58	the petition; and
59	59	(2) modify the caption only to the extent necessary
60	60	for compliance with Section 277.0015.
61	61	(e) Action by the secretary of state under this section may
62	62	not be considered by a court as evidence that a caption does not
63	63	comply with Section 277.0015.
64	64	SECTION 5. The heading to Chapter 277, Election Code, is
65	65	amended to read as follows:
66	66	CHAPTER 277. PETITION TO CITY UNDER STATE LAW OR CITY CHARTER
67	67	[PRESCRIBED BY LAW OUTSIDE CODE]
68	68	SECTION 6. Chapter 277, Election Code, is amended by
69	69	designating Sections 277.001, 277.002, 277.0021, 277.0022,
70	70	277.0023, and 277.0024 as Subchapter A and adding a subchapter
71	71	heading to read as follows:
72	72	SUBCHAPTER A. FORM AND CONTENT OF PETITION
73	73	SECTION 7. Section 277.001, Election Code, is amended to
74	74	read as follows:
75	75	Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
76	76	subchapter [chapter] applies to a petition authorized or required
77	77	to be filed with a city [under a law outside this code] in
78	78	connection with an election, regardless of whether the petition is
79	79	authorized by state law or a city charter.
80	80	SECTION 8. Subchapter A, Chapter 277, Election Code, as
81	81	added by this Act, is amended by adding Section 277.0015 to read as
82	82	follows:
83	83	Sec. 277.0015. PROPOSED MEASURES. (a) A petition must
84	84	contain or have attached a caption for the proposed measure.
85	85	(b) The caption must identify the proposed measure by its
86	86	chief features, describing its character and purpose with such
87	87	definiteness and certainty that voters are not misled.
88	88	(c) Unless the caption is modified under Section 273.102,
89	89	the governing body of a home-rule city shall proceed with an
90	90	election requested by a petition despite a complaint that the
91	91	petition violates Subsection (b) and in doing so shall comply with
92	92	Section 52.072(g) and all ordinary timelines and requirements for
93	93	such an election.
94	94	(d) The secretary of state shall issue guidance to help a
95	95	person preparing to circulate a petition comply with the
96	96	requirements of Subsection (b).
97	97	SECTION 9. Section 277.002, Election Code, is amended by
98	98	adding Subsection (g) to read as follows:
99	99	(g) The illegibility of a signature on a petition submitted
100	100	to a home-rule city is not a valid basis for invalidating the
101	101	signature if the information provided with the signature as
102	102	required by this section and other applicable law legibly provides
103	103	enough information to demonstrate that the signer:
104	104	(1) is eligible to have signed the petition; and
105	105	(2) signed the petition on or after the 180th day
106	106	before the date the petition was filed.
107	107	SECTION 10. Subchapter A, Chapter 277, Election Code, as
108	108	added by this Act, is amended by adding Section 277.005 to read as
109	109	follows:
110	110	Sec. 277.005. STANDARD PETITION FORM; VALIDITY. (a) The
111	111	secretary of state shall:
112	112	(1) adopt a standard petition form for
113	113	petition-initiated elections; and
114	114	(2) publish the form and instructions for using the
115	115	form on the secretary's Internet website.
116	116	(b) The standard petition form must require:
117	117	(1) the name of the circulator;
118	118	(2) a caption for the measure as required by Section
119	119	277.0015;
120	120	(3) each signer to provide:
121	121	(A) the signer's printed name;
122	122	(B) the signer's signature;
123	123	(C) the signer's:
124	124	(i) date of birth; or
125	125	(ii) voter registration number and county
126	126	of residence;
127	127	(D) the signer's residence address, including
128	128	city and, if applicable, zip code; and
129	129	(E) the date of signing; and
130	130	(4) an affidavit of the circulator stating that the
131	131	circulator verifies that the circulator witnessed the signatures,
132	132	including a space for the affidavit to be signed and notarized.
133	133	(c) Notwithstanding any other law, including a city
134	134	charter, a city may not require the submission of information on or
135	135	with a petition that the standard petition form published by the
136	136	secretary of state does not provide for or require to be provided.
137	137	(d) A person who circulates or submits a petition is not
138	138	required to use the standard petition form. A petition that does not
139	139	use the standard petition form must contain the substantial
140	140	elements required to be provided on the standard petition form.
141	141	SECTION 11. Chapter 277, Election Code, is amended by
142	142	adding Subchapters B and C to read as follows:
143	143	SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
144	144	Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
145	145	applies to a home-rule city that has a procedure requiring the
146	146	governing body of the city to hold an election on receipt of a
147	147	petition, including a procedure imposed by statute, requesting the
148	148	election.
149	149	Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
150	150	provisions of this subchapter apply notwithstanding any city
151	151	charter provision or other law.
152	152	Sec. 277.033. DETERMINATION OF VALIDITY. (a) The city
153	153	secretary shall determine the validity of a petition submitted
154	154	under this subchapter, including by verifying the petition
155	155	signatures, not later than the 30th day after the date the city
156	156	receives the petition.
157	157	(b) The city secretary may not invalidate a petition on
158	158	grounds of an inadequate caption but may:
159	159	(1) file a complaint under Section 273.102; and
160	160	(2) modify the caption as directed by the secretary of
161	161	state under Section 273.102.
162	162	Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city
163	163	may not restrict who may collect petition signatures.
164	164	SUBCHAPTER C. REPEAL OF PETITION-INITIATED CHARTER AMENDMENT
165	165	Sec. 277.051. APPLICABILITY OF SUBCHAPTER. This subchapter
166	166	applies to a home-rule city that has a procedure, including a
167	167	procedure imposed by statute, requiring the governing body of the
168	168	city to hold an election on receipt of a petition requesting the
169	169	election.
170	170	Sec. 277.052. REPEAL OF PETITION-INITIATED CHARTER
171	171	AMENDMENT. (a) A city may repeal a charter amendment adopted by a
172	172	petition-initiated election only by a petition-initiated election
173	173	held for the specific purpose of repealing the amendment. A repeal
174	174	petition may not include any other measure, including the repeal of
175	175	multiple charter amendments.
176	176	(b) A city may not repeal a charter amendment adopted by a
177	177	petition-initiated election by adopting a new or revised city
178	178	charter. A new or revised city charter must include each charter
179	179	amendment adopted by a petition-initiated election unless the
180	180	charter amendment was repealed in accordance with Subsection (a).
181	181	SECTION 12. Section 9.004(a), Local Government Code, is
182	182	amended to read as follows:
183	183	(a) The governing body of a municipality on its own motion
184	184	may submit a proposed charter amendment to the municipality's
185	185	qualified voters for their approval at an election. The governing
186	186	body shall submit a proposed charter amendment to the voters for
187	187	their approval at an election if the submission is supported by a
188	188	petition signed by a number of qualified voters of the municipality
189	189	equal to at least five percent of the number of qualified voters of
190	190	the municipality on the date of the most recent election held
191	191	throughout the municipality or 20,000, whichever number is the
192	192	smaller.
193	193	SECTION 13. Sections 277.003 and 277.004, Election Code,
194	194	are repealed.
195	195	SECTION 14. Not later than January 1, 2022, the secretary of
196	196	state shall adopt and publish a petition form as required by Section
197	197	277.005, Election Code, as added by this Act.
198	198	SECTION 15. The changes in law made by this Act apply only
199	199	to a petition submitted on or after January 1, 2022.
200	200	SECTION 16. This Act takes effect on the 91st day after the
201	201	last day of the legislative session.