| 2 | 3 | | |
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| 3 | 4 | | |
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| 4 | 5 | | A BILL TO BE ENTITLED |
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| 5 | 6 | | AN ACT |
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| 6 | 7 | | relating to requirements for trial in the contest of an election on |
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| 7 | 8 | | a proposed constitutional amendment. |
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| 8 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 10 | | SECTION 1. Section 233.014, Election Code, is amended by |
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| 10 | 11 | | amending Subsections (d), (f), and (h) and adding Subsection (g-1) |
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| 11 | 12 | | to read as follows: |
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| 12 | 13 | | (d) The trial date may not be [earlier than the 45th day |
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| 13 | 14 | | after the date of the contested election nor] later than the 50th |
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| 14 | 15 | | [180th] day after the date of the contested election. [The trial |
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| 15 | 16 | | date may be earlier than the 45th day after the date of the |
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| 16 | 17 | | contested election at the request of the contestant.] |
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| 17 | 18 | | (f) The court shall include in its judgment in a contest an |
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| 18 | 19 | | order directing the governor to declare the official result of the |
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| 19 | 20 | | election or to declare the election void, as appropriate, not later |
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| 20 | 21 | | than the fifth [10th] day after the trial date [the judgment becomes |
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| 21 | 22 | | final]. |
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| 22 | 23 | | (g-1) Any appeal of the contest must be filed not later than |
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| 23 | 24 | | the fifth day after the date the judgment becomes final. |
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| 24 | 25 | | (h) If a contestant files an appeal of the contest: |
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| 25 | 26 | | (1) [,] the [appellate] court of appeals must ensure |
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| 26 | 27 | | its judgment is rendered not later than the 30th day after the date |
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| 27 | 28 | | the judgment of the trial court becomes final; and |
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| 28 | 29 | | (2) the Texas Supreme Court must ensure that the |
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| 29 | 30 | | action is brought to final disposition not later than the 30th |
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| 30 | 31 | | [180th] day after the date the judgment of the court of appeals |
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| 31 | 32 | | becomes final. |
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| 32 | 33 | | SECTION 2. Section 233.014(e), Election Code, is repealed. |
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| 33 | 34 | | SECTION 3. The changes in law made by this Act to Section |
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| 34 | 35 | | 233.014, Election Code: |
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| 35 | 36 | | (1) apply to any contest of an election on a proposed |
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| 36 | 37 | | constitutional amendment held on or after November 1, 2023; and |
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| 37 | 38 | | (2) do not affect the validity of any action taken |
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| 38 | 39 | | under prior law before the effective date of this Act. |
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| 39 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 40 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 44 | | Act takes effect on the 91st day after the last day of the |
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| 44 | 45 | | legislative session. |
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