88R13330 MLH-D
By: DeAyala H.B. No. 4701
A BILL TO BE ENTITLED
AN ACT
relating to the review of ballot proposition language for certain
political subdivision elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 52, Election Code, is
amended by adding Section 52.0721 to read as follows:
Sec. 52.0721. REVIEW OF BALLOT PROPOSITION LANGUAGE. (a)
This section does not apply to an election for which a statute
provides the ballot proposition language.
(b) A political subdivision seeking to hold an election on a
measure shall submit to the attorney general:
(1) the ballot proposition language; and
(2) a brief statement on the purpose of the
proposition.
(c) On receiving a submission under Subsection (b), the
attorney general shall review the ballot proposition language
before the election may be held.
(d) If the attorney general finds the proposition is
consistent with state law, the attorney general shall approve the
language of the proposition for the ballot.
(e) If the attorney general finds the proposition is not
consistent with state law, the attorney general shall disapprove
the language of the proposition. Language that has been
disapproved under this subsection may not be used on the ballot at
the election.
(f) If the attorney general does not approve or disapprove
the language of a proposition before the 40th day after the
proposition was submitted, the proposition is approved for use on
the ballot.
(g) If a proposition is disapproved under Subsection (e),
the political subdivision that submitted the proposition may submit
alternate language in the same manner as the initial submission.
(h) A political subdivision may not submit a proposition or
alternate language under this section after the 120th day before
the date of the election.
(i) To the extent of a conflict between this section and any
provision of law requiring a political subdivision to hold an
election on a measure within a certain period, this section
controls.
(j) The attorney general may adopt rules to implement this
section.
SECTION 2. The change in law made by this Act applies only
to an election ordered on or after the effective date of this Act.
An election ordered before the effective date of this Act is
governed by the law in effect when the election was ordered, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.