| 1 | 1 | | 89R7782 TSS-D |
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| 2 | 2 | | By: Shaheen H.B. No. 5116 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to requirements and procedures in the contest of an |
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| 10 | 10 | | election on a proposed constitutional amendment. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 66, Civil Practice and Remedies Code, is |
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| 13 | 13 | | amended by adding Section 66.0011 to read as follows: |
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| 14 | 14 | | Sec. 66.0011. GROUNDS FOR REMOVAL OF JUDGE. (a) For |
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| 15 | 15 | | purposes of Section 1-a, Article V, Texas Constitution, a judge who |
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| 16 | 16 | | is noncompliant with the requirements under Section 233.014, |
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| 17 | 17 | | Election Code, has engaged in wilful or persistent conduct that is |
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| 18 | 18 | | clearly inconsistent with the proper performance of the judge's |
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| 19 | 19 | | duties sufficient to subject the judge to removal from office. |
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| 20 | 20 | | (b) The attorney general or the county or district attorney |
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| 21 | 21 | | of the appropriate county shall file a petition under Section |
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| 22 | 22 | | 66.002 against a judge who is subject to removal as provided by |
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| 23 | 23 | | Subsection (a) if presented with evidence establishing probable |
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| 24 | 24 | | cause that the judge engaged in the conduct described by Subsection |
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| 25 | 25 | | (a). |
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| 26 | 26 | | SECTION 2. Section 233.014, Election Code, is amended by |
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| 27 | 27 | | amending Subsections (c), (d), (f), and (h) and adding Subsection |
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| 28 | 28 | | (c-1) to read as follows: |
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| 29 | 29 | | (c) The filing of an election contest does not suspend |
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| 30 | 30 | | implementation of a constitutional amendment that was approved by |
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| 31 | 31 | | the majority of the votes cast unless the contestant can show, at a |
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| 32 | 32 | | hearing held not later than the 30th day after the date the election |
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| 33 | 33 | | contest was filed: |
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| 34 | 34 | | (1) a substantial likelihood of success on the merits; |
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| 35 | 35 | | (2) irreparable harm to the contestant or to the |
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| 36 | 36 | | citizens of this state if the court permits the implementation of |
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| 37 | 37 | | the constitutional amendment; |
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| 38 | 38 | | (3) the harm described by Subdivision (2) will |
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| 39 | 39 | | outweigh the harm to this state that will occur if the court permits |
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| 40 | 40 | | the implementation to be enjoined; and |
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| 41 | 41 | | (4) enjoining implementation is in the best interest |
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| 42 | 42 | | of the public [The declaration of the official result of a contested |
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| 43 | 43 | | election may not be made until the contest is finally determined. |
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| 44 | 44 | | The secretary of state shall tabulate the county returns and the |
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| 45 | 45 | | governor shall announce the final vote count, as ascertained from |
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| 46 | 46 | | the returns, in a written document. The document announcing the |
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| 47 | 47 | | final vote count must state that a contest of the election has been |
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| 48 | 48 | | filed and that the declaration of the official result will not be |
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| 49 | 49 | | made until the contest is finally determined]. |
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| 50 | 50 | | (c-1) The trial court must ensure that a written ruling on a |
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| 51 | 51 | | pretrial motion before the court is entered not later than the 30th |
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| 52 | 52 | | day after the date the motion is filed. |
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| 53 | 53 | | (d) The trial date may not be earlier than the 45th day after |
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| 54 | 54 | | the date of the contested election except [nor later than the 180th |
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| 55 | 55 | | day after the date of the contested election. The trial date may be |
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| 56 | 56 | | earlier than the 45th day after the date of the contested election] |
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| 57 | 57 | | at the request of the contestant. The trial court must ensure the |
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| 58 | 58 | | judgment of the court is not filed later than the 180th day after |
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| 59 | 59 | | the date of the contested election. |
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| 60 | 60 | | (f) The court shall include in its judgment in a contest an |
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| 61 | 61 | | order directing the governor to declare the [official result of the |
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| 62 | 62 | | election or to declare the] election valid or void, as appropriate, |
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| 63 | 63 | | not later than the 10th day after the date the judgment becomes |
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| 64 | 64 | | final. |
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| 65 | 65 | | (h) If a contestant files an appeal of the contest, the |
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| 66 | 66 | | appellate court must ensure that the action is brought to final |
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| 67 | 67 | | disposition not later than the 60th [180th] day after the date the |
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| 68 | 68 | | judgment becomes final. |
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| 69 | 69 | | SECTION 3. The changes in law made by this Act apply to a |
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| 70 | 70 | | contest of a constitutional amendment election filed on or after |
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| 71 | 71 | | the effective date of this Act. A contest of a constitutional |
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| 72 | 72 | | amendment election filed before the effective date of this Act is |
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| 73 | 73 | | governed by the law in effect on the date that the suit is filed, and |
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| 74 | 74 | | the former law is continued in effect for that purpose. |
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| 75 | 75 | | SECTION 4. This Act takes effect September 1, 2025. |
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