BILL ANALYSIS S.B. 1054 By: Nichols Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Current law provides a process for challenging a constitutional amendment election. However, it does not currently prescribe a timeline by which a court must resolve such a challenge. S.B. 1054 seeks to establish a timeline in order to ensure that when Texas voters approve a constitutional amendment, their voices are protected from interference by unending litigation. The bill would require the trial date for a challenge of a contested election to be within 180 days after the contested election and would also establish a deadline for resolution of an appeal, if one is filed. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 1054 amends the Election Code to prohibit the trial date for a contest of an election on a proposed constitutional amendment from being later than the 180th day after the date of the contested election. The bill requires the appellate court, if a contestant files an appeal of the contest, to ensure that the action is brought to final disposition not later than the 180th day after the date the judgment becomes final. EFFECTIVE DATE September 1, 2023.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 1054
By: Nichols
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
S.B. 1054
By: Nichols
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Current law provides a process for challenging a constitutional amendment election. However, it does not currently prescribe a timeline by which a court must resolve such a challenge. S.B. 1054 seeks to establish a timeline in order to ensure that when Texas voters approve a constitutional amendment, their voices are protected from interference by unending litigation. The bill would require the trial date for a challenge of a contested election to be within 180 days after the contested election and would also establish a deadline for resolution of an appeal, if one is filed.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 1054 amends the Election Code to prohibit the trial date for a contest of an election on a proposed constitutional amendment from being later than the 180th day after the date of the contested election. The bill requires the appellate court, if a contestant files an appeal of the contest, to ensure that the action is brought to final disposition not later than the 180th day after the date the judgment becomes final.
EFFECTIVE DATE September 1, 2023.
BACKGROUND AND PURPOSE
Current law provides a process for challenging a constitutional amendment election. However, it does not currently prescribe a timeline by which a court must resolve such a challenge. S.B. 1054 seeks to establish a timeline in order to ensure that when Texas voters approve a constitutional amendment, their voices are protected from interference by unending litigation. The bill would require the trial date for a challenge of a contested election to be within 180 days after the contested election and would also establish a deadline for resolution of an appeal, if one is filed.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 1054 amends the Election Code to prohibit the trial date for a contest of an election on a proposed constitutional amendment from being later than the 180th day after the date of the contested election. The bill requires the appellate court, if a contestant files an appeal of the contest, to ensure that the action is brought to final disposition not later than the 180th day after the date the judgment becomes final.
EFFECTIVE DATE
September 1, 2023.