By: Hughes, et al. S.B. No. 6
A BILL TO BE ENTITLED
AN ACT
relating to requirements for trial in the contest of an election on
a proposed constitutional amendment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 233.014, Election Code, is amended by
amending Subsections (d), (f), and (h) and adding Subsection (g-1)
to read as follows:
(d) The trial date may not be [earlier than the 45th day
after the date of the contested election nor] later than the 50th
[180th] day after the date of the contested election. [The trial
date may be earlier than the 45th day after the date of the
contested election at the request of the contestant.]
(f) The court shall include in its judgment in a contest an
order directing the governor to declare the official result of the
election or to declare the election void, as appropriate, not later
than the fifth [10th] day after the trial date [the judgment becomes
final].
(g-1) Any appeal of the contest must be filed not later than
the fifth day after the date the judgment becomes final.
(h) If a contestant files an appeal of the contest:
(1) [,] the [appellate] court of appeals must ensure
its judgment is rendered not later than the 30th day after the date
the judgment of the trial court becomes final; and
(2) the Texas Supreme Court must ensure that the
action is brought to final disposition not later than the 30th
[180th] day after the date the judgment of the court of appeals
becomes final.
SECTION 2. Section 233.014(e), Election Code, is repealed.
SECTION 3. The changes in law made by this Act to Section
233.014, Election Code:
(1) apply to any contest of an election on a proposed
constitutional amendment held on or after November 1, 2023; and
(2) do not affect the validity of any action taken
under prior law before the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.