Texas 2023 - 88th Regular

Texas Senate Bill SB221 Compare Versions

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Version 2 (New)

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1	1	By: Bettencourt S.B. No. 221
2	2	(Paul)
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.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 52.072, Election Code, is amended by
11	11	adding Subsection (g) to read as follows:
12	12	(g) A proposition must substantially submit the question
13	13	with such definiteness, certainty, and facial neutrality that the
14	14	voters are not misled.
15	15	SECTION 2. Chapter 233, Election Code, is amended by adding
16	16	Section 233.0115 to read as follows:
17	17	Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
18	18	orders a new election under Section 233.011, a person may seek from
19	19	the court a writ of mandamus to compel the governing body of a city
20	20	to comply with the requirement that a ballot proposition must
21	21	substantially submit the question with such definiteness,
22	22	certainty, and facial neutrality that the voters are not misled, as
23	23	provided by Section 273.102.
24	24	SECTION 3. Section 253.094(b), Election Code, is amended to
25	25	read as follows:
26	26	(b) A corporation or labor organization may not make a
27	27	political contribution in connection with a recall election,
28	28	including the circulation and submission of a petition to call an
29	29	election. This subsection does not prohibit a religious
30	30	organization from circulating or submitting a petition in
31	31	connection with a recall election.
32	32	SECTION 4. Chapter 273, Election Code, is amended by adding
33	33	Subchapter F to read as follows:
34	34	SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
35	35	Sec. 273.101. REVIEW BY SECRETARY OF STATE. (a) Not later
36	36	than the seventh day after the date on which a home-rule city
37	37	publishes in the election order or by other means ballot
38	38	proposition language proposing an amendment to the city charter or
39	39	a voter-initiated initiative or referendum as requested by
40	40	petition, a registered voter eligible to vote in the election may
41	41	submit the proposition for review by the secretary of state.
42	42	(b) The secretary of state shall review the proposition not
43	43	later than the seventh day after the date the secretary receives the
44	44	submission to determine whether the proposition is misleading,
45	45	inaccurate, or prejudicial.
46	46	(c) If the secretary of state determines that the
47	47	proposition is misleading, inaccurate, or prejudicial, the city
48	48	shall draft a proposition to cure the defects and give notice of the
49	49	new proposition using the method of giving notice prescribed for
50	50	notice of an election under Section 4.003.
51	51	(d) A proposition drafted by a city under Subsection (c) to
52	52	cure the defects may be submitted to the secretary of state under
53	53	Subsection (a). If the secretary of state determines that the city
54	54	has on its third attempt drafted a proposition that is misleading,
55	55	inaccurate, or prejudicial, the secretary of state shall draft the
56	56	ballot proposition.
57	57	(e) The proposition shall be reviewed by the secretary of
58	58	state within seven days after receiving the proposition for review.
59	59	Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a
60	60	court of competent jurisdiction seeking a writ of mandamus to
61	61	compel the city's governing body to comply with the requirement
62	62	that a ballot proposition must substantially submit the question
63	63	with such definiteness, certainty, and facial neutrality that the
64	64	voters are not misled, the court shall make its determination
65	65	without delay and may order the city to use ballot proposition
66	66	language drafted by the court.
67	67	(b) The court may award a plaintiff or relator who
68	68	substantially prevails in a mandamus action described by Subsection
69	69	(a) the party's reasonable attorney's fees, expenses, and court
70	70	costs.
71	71	(c) Governmental immunity to suit is waived and abolished
72	72	only to the extent of the liability created by Subsection (b).
73	73	Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE.
74	74	Following a final nonappealable judgment containing a finding by a
75	75	court that a ballot proposition drafted by a city failed to
76	76	substantially submit the question with such definiteness,
77	77	certainty, and facial neutrality that the voters are not misled,
78	78	the city shall submit to the secretary of state for approval any
79	79	proposition to be voted on at an election held by the city before
80	80	the fourth anniversary of the court's finding.
81	81	Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES.
82	82	Notwithstanding a home-rule city charter provision to the contrary,
83	83	a city may not accept legal services relating to a proceeding under
84	84	this subchapter without paying fair market value for those
85	85	services.
86	86	SECTION 5. Chapter 277, Election Code, is amended by
87	87	designating Sections 277.001, 277.002, 277.0021, 277.0022,
88	88	277.0023, 277.0024, and 277.003 as Subchapter A and adding a
89	89	subchapter heading to read as follows:
90	90	SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND
91	91	VERIFICATION OF PETITIONS
92	92	SECTION 6. Section 277.001, Election Code, is amended to
93	93	read as follows:
94	94	Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
95	95	subchapter [chapter] applies to a petition authorized or required
96	96	to be filed under a law outside this code in connection with an
97	97	election.
98	98	SECTION 7. Section 277.002, Election Code, is amended by
99	99	adding Subsection (g) to read as follows:
100	100	(g) The illegibility of a signature on a petition submitted
101	101	to a home-rule city is not a valid basis for invalidating the
102	102	signature if the information provided with the signature as
103	103	required by this section and other applicable law legibly provides
104	104	enough information to demonstrate that the signer:
105	105	(1) is eligible to have signed the petition; and
106	106	(2) signed the petition on or after the 180th day
107	107	before the date the petition was filed.
108	108	SECTION 8. Subchapter A, Chapter 277, Election Code, as
109	109	added by this Act, is amended by adding Section 277.005 to read as
110	110	follows:
111	111	Sec. 277.005. PETITION FORM; USE BY CITY AND OTHER PERSONS.
112	112	(a) The secretary of state shall prescribe a form, content, and
113	113	procedure for a petition.
114	114	(b) A home-rule city that uses a form that is different from
115	115	the official form prescribed under Subsection (a) may not
116	116	invalidate a petition because the petition does not contain
117	117	information that the petition form failed to provide for or to
118	118	require to be provided.
119	119	(c) A person who circulates or submits a petition is not
120	120	required to use a petition form prescribed by the secretary of state
121	121	or a home-rule city. A petition that does not use an officially
122	122	prescribed form must contain the substantial elements required to
123	123	be provided on the officially prescribed form.
124	124	SECTION 9. Chapter 277, Election Code, is amended by adding
125	125	Subchapter B to read as follows:
126	126	SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
127	127	Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
128	128	applies to a home-rule city that has a procedure requiring the
129	129	governing body of the city to hold an election on receipt of a
130	130	petition requesting the election that complies with the applicable
131	131	requirements.
132	132	Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
133	133	provisions of this subchapter apply notwithstanding any city
134	134	charter provision or other law. The provisions of this subchapter
135	135	shall not interfere with the Military and Overseas Voter
136	136	Empowerment Act.
137	137	Sec. 277.033. DETERMINATION OF VALIDITY. The city
138	138	secretary shall determine the validity of a petition submitted
139	139	under this subchapter, including by verifying the petition
140	140	signatures, not later than the 30th day after the date the city
141	141	receives the petition.
142	142	Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city
143	143	may not restrict who may collect petition signatures.
144	144	SECTION 10. Sections 9.004(a) and (c), Local Government
145	145	Code, are amended to read as follows:
146	146	(a) The governing body of a municipality on its own motion
147	147	may submit a proposed charter amendment to the municipality's
148	148	qualified voters for their approval at an election. The governing
149	149	body shall submit a proposed charter amendment to the voters for
150	150	their approval at an election if the submission is supported by a
151	151	petition signed by a number of registered [qualified] voters of the
152	152	municipality equal to at least five percent of the number of
153	153	registered [qualified] voters of the municipality on the date of
154	154	the most recent election held throughout the municipality or
155	155	20,000, whichever number is the smaller.
156	156	(c) Notice of the election shall be published in a newspaper
157	157	of general circulation published in the municipality. The notice
158	158	must:
159	159	(1) include a substantial copy of the proposed
160	160	amendment in which language sought to be deleted by the amendment is
161	161	bracketed and stricken through and language sought to be added by
162	162	the amendment is underlined;
163	163	(2) include an estimate of the anticipated fiscal
164	164	impact to the municipality if the proposed amendment is approved at
165	165	the election; and
166	166	(3) be published on the same day in each of two
167	167	successive weeks, with the first publication occurring before the
168	168	14th day before the date of the election.
169	169	SECTION 11. Section 277.004, Election Code, is repealed.
170	170	SECTION 12. Not later than January 1, 2024, the secretary of
171	171	state shall adopt a petition form as required by Section 277.005,
172	172	Election Code, as added by this Act.
173	173	SECTION 13. The changes in law made by this Act apply only
174	174	to a petition submitted on or after January 1, 2024.
175	175	SECTION 14. This Act takes effect September 1, 2023.