| 1 | 1 | | 88R13330 MLH-D |
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| 2 | 2 | | By: Bettencourt S.B. No. 1912 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the review of ballot proposition language for certain |
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| 8 | 8 | | political subdivision elections. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 52, Election Code, is |
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| 11 | 11 | | amended by adding Section 52.0721 to read as follows: |
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| 12 | 12 | | Sec. 52.0721. REVIEW OF BALLOT PROPOSITION LANGUAGE. (a) |
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| 13 | 13 | | This section does not apply to an election for which a statute |
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| 14 | 14 | | provides the ballot proposition language. |
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| 15 | 15 | | (b) A political subdivision seeking to hold an election on a |
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| 16 | 16 | | measure shall submit to the attorney general: |
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| 17 | 17 | | (1) the ballot proposition language; and |
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| 18 | 18 | | (2) a brief statement on the purpose of the |
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| 19 | 19 | | proposition. |
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| 20 | 20 | | (c) On receiving a submission under Subsection (b), the |
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| 21 | 21 | | attorney general shall review the ballot proposition language |
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| 22 | 22 | | before the election may be held. |
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| 23 | 23 | | (d) If the attorney general finds the proposition is |
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| 24 | 24 | | consistent with state law, the attorney general shall approve the |
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| 25 | 25 | | language of the proposition for the ballot. |
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| 26 | 26 | | (e) If the attorney general finds the proposition is not |
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| 27 | 27 | | consistent with state law, the attorney general shall disapprove |
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| 28 | 28 | | the language of the proposition. Language that has been |
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| 29 | 29 | | disapproved under this subsection may not be used on the ballot at |
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| 30 | 30 | | the election. |
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| 31 | 31 | | (f) If the attorney general does not approve or disapprove |
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| 32 | 32 | | the language of a proposition before the 40th day after the |
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| 33 | 33 | | proposition was submitted, the proposition is approved for use on |
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| 34 | 34 | | the ballot. |
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| 35 | 35 | | (g) If a proposition is disapproved under Subsection (e), |
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| 36 | 36 | | the political subdivision that submitted the proposition may submit |
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| 37 | 37 | | alternate language in the same manner as the initial submission. |
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| 38 | 38 | | (h) A political subdivision may not submit a proposition or |
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| 39 | 39 | | alternate language under this section after the 120th day before |
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| 40 | 40 | | the date of the election. |
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| 41 | 41 | | (i) To the extent of a conflict between this section and any |
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| 42 | 42 | | provision of law requiring a political subdivision to hold an |
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| 43 | 43 | | election on a measure within a certain period, this section |
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| 44 | 44 | | controls. |
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| 45 | 45 | | (j) The attorney general may adopt rules to implement this |
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| 46 | 46 | | section. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to an election ordered on or after the effective date of this Act. |
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| 49 | 49 | | An election ordered before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect when the election was ordered, and the |
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| 51 | 51 | | former law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2023. |
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