| 1 | 1 | | By: Schofield H.B. No. 4319 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the form of a constitutional amendment on a ballot. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 274.001, Election Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | Sec. 274.001. FORM OF AMENDMENT ON BALLOT. (a) The [If |
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| 11 | 11 | | the] legislature shall [fails to] prescribe the wording of a [the] |
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| 12 | 12 | | proposition submitting a proposed constitutional amendment[, the |
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| 13 | 13 | | secretary of state shall prescribe it]. |
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| 14 | 14 | | (b) The proposition [prescribed by the secretary of state] |
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| 15 | 15 | | must describe the proposed amendment in plain language [terms] that |
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| 16 | 16 | | clearly expresses the [express its] scope and character of the |
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| 17 | 17 | | proposed amendment. |
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| 18 | 18 | | (c) The governor shall include the proposition in the form |
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| 19 | 19 | | prescribed under Subsection (a) in the proclamation ordering the |
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| 20 | 20 | | election at which the constitutional amendment will be submitted. |
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| 21 | 21 | | (d) If the legislature fails to prescribe specific wording |
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| 22 | 22 | | for a proposition to appear on a ballot in plain language, the |
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| 23 | 23 | | proposition shall not appear on the ballot. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies to a |
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| 25 | 25 | | ballot proposition for a constitutional amendment proposed by the |
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| 26 | 26 | | legislature on or after the effective date of this Act. A ballot |
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| 27 | 27 | | proposition for a constitutional amendment proposed by the |
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| 28 | 28 | | legislature before the effective date of this Act is governed by the |
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| 29 | 29 | | law as it existed immediately before the effective date of this Act, |
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| 30 | 30 | | and that law is continued in effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
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