Texas 2025 - 89th Regular

Texas House Bill HB631 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R73 MLH-F
2	2	By: Swanson H.B. No. 631
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requirements for certain petitions requesting an
10	10	election and ballot propositions and to related procedures and
11	11	provisions.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act may be cited as the Ballot Measure
14	14	Election Integrity Act of 2025.
15	15	SECTION 2. Section 52.072, Election Code, is amended by
16	16	adding Subsection (g) to read as follows:
17	17	(g) A proposition proposing an amendment to a city charter
18	18	or a voter-initiated initiative or referendum as requested by a
19	19	petition must use wording identical to the caption of any
20	20	corresponding petition as provided by Section 277.0015(b), as
21	21	applicable.
22	22	SECTION 3. Chapter 233, Election Code, is amended by adding
23	23	Section 233.0115 to read as follows:
24	24	Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
25	25	orders a home-rule city to order a new election under Section
26	26	233.011, a qualified voter of the home-rule city may seek from the
27	27	court a writ of mandamus to compel the governing body of the city to
28	28	comply with Section 52.072(g), as provided by Section 273.101.
29	29	SECTION 4. Chapter 273, Election Code, is amended by adding
30	30	Subchapter F to read as follows:
31	31	SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
32	32	Sec. 273.101. MANDAMUS ACTIONS. (a) A qualified voter of a
33	33	home-rule city may seek from the court a writ of mandamus to compel
34	34	the governing body of the city to comply with the requirement of
35	35	Section 52.072(g).
36	36	(b) The court must give absolute priority to a petition for
37	37	a writ brought under this section and shall make its determination
38	38	without delay and prior to the deadline for printing ballots.
39	39	(c) The court may award a petitioner who substantially
40	40	prevails in an action described by Subsection (a) the party's
41	41	reasonable attorney's fees, expenses, and court costs.
42	42	(d) Governmental immunity to suit and liability is waived
43	43	and abolished only to the extent of the liability created by
44	44	Subsection (c).
45	45	Sec. 273.102. REVIEW OF PETITION BY SECRETARY OF STATE. (a)
46	46	The governing body of a home-rule city or a qualified voter of the
47	47	home-rule city may file a complaint with the secretary of state
48	48	alleging that a caption is invalid under Section 277.0015.
49	49	(b) The secretary of state shall review a caption alleged to
50	50	be invalid in a complaint under Subsection (a) not later than the
51	51	seventh day after the date the secretary receives the complaint.
52	52	(c) If the secretary of state determines that a complaint
53	53	under Subsection (a) correctly alleges that a caption is invalid
54	54	under Section 277.0015, the secretary of state shall modify the
55	55	caption and provide the modified caption to the home-rule city for
56	56	use as a ballot proposition.
57	57	(d) In modifying a caption under Subsection (c), the
58	58	secretary of state shall:
59	59	(1) seek input from persons who signed or circulated
60	60	the petition; and
61	61	(2) modify the caption only to the extent necessary
62	62	for compliance with Section 277.0015.
63	63	(e) Action by the secretary of state under this section may
64	64	not be considered by a court as evidence that a caption does not
65	65	comply with Section 277.0015.
66	66	SECTION 5. The heading to Chapter 277, Election Code, is
67	67	amended to read as follows:
68	68	CHAPTER 277. PETITION TO CITY UNDER STATE LAW OR CITY CHARTER
69	69	[PRESCRIBED BY LAW OUTSIDE CODE]
70	70	SECTION 6. Chapter 277, Election Code, is amended by
71	71	designating Sections 277.001, 277.002, 277.0021, 277.0022,
72	72	277.0023, and 277.0024 as Subchapter A and adding a subchapter
73	73	heading to read as follows:
74	74	SUBCHAPTER A. FORM AND CONTENT OF PETITION
75	75	SECTION 7. Section 277.001, Election Code, is amended to
76	76	read as follows:
77	77	Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
78	78	subchapter [chapter] applies to a petition authorized or required
79	79	to be filed with a city [under a law outside this code] in
80	80	connection with an election, regardless of whether the petition is
81	81	authorized by state law or a city charter.
82	82	SECTION 8. Subchapter A, Chapter 277, Election Code, as
83	83	added by this Act, is amended by adding Section 277.0015 to read as
84	84	follows:
85	85	Sec. 277.0015. PROPOSED MEASURES. (a) A petition must
86	86	contain or have attached a caption for the proposed measure.
87	87	(b) The caption must identify the proposed measure by its
88	88	chief features, describing its character and purpose with such
89	89	definiteness and certainty that voters are not misled.
90	90	(c) Unless the caption is modified under Section 273.102,
91	91	the governing body of a home-rule city shall proceed with an
92	92	election requested by a petition despite a complaint that the
93	93	petition violates Subsection (b) and in doing so shall comply with
94	94	Section 52.072(g) and all ordinary timelines and requirements for
95	95	such an election.
96	96	(d) The secretary of state shall issue guidance to help a
97	97	person preparing to circulate a petition comply with the
98	98	requirements of Subsection (b).
99	99	SECTION 9. Section 277.002, Election Code, is amended by
100	100	adding Subsection (g) to read as follows:
101	101	(g) The illegibility of a signature on a petition submitted
102	102	to a home-rule city is not a valid basis for invalidating the
103	103	signature if the information provided with the signature as
104	104	required by this section and other applicable law legibly provides
105	105	enough information to demonstrate that the signer:
106	106	(1) is eligible to have signed the petition; and
107	107	(2) signed the petition on or after the 180th day
108	108	before the date the petition was filed.
109	109	SECTION 10. Subchapter A, Chapter 277, Election Code, as
110	110	added by this Act, is amended by adding Section 277.005 to read as
111	111	follows:
112	112	Sec. 277.005. STANDARD PETITION FORM; VALIDITY. (a) The
113	113	secretary of state shall:
114	114	(1) adopt a standard petition form for
115	115	petition-initiated elections; and
116	116	(2) publish the form and instructions for using the
117	117	form on the secretary's Internet website.
118	118	(b) The standard petition form must require:
119	119	(1) the name of the circulator;
120	120	(2) a caption for the measure as required by Section
121	121	277.0015;
122	122	(3) each signer to provide:
123	123	(A) the signer's printed name;
124	124	(B) the signer's signature;
125	125	(C) the signer's:
126	126	(i) date of birth; or
127	127	(ii) voter registration number and county
128	128	of residence;
129	129	(D) the signer's residence address, including
130	130	city and, if applicable, zip code; and
131	131	(E) the date of signing; and
132	132	(4) an affidavit of the circulator stating that the
133	133	circulator verifies that the circulator witnessed the signatures,
134	134	including a space for the affidavit to be signed and notarized.
135	135	(c) Notwithstanding any other law, including a city
136	136	charter, a city may not require the submission of information on or
137	137	with a petition that the standard petition form published by the
138	138	secretary of state does not provide for or require to be provided.
139	139	(d) A person who circulates or submits a petition is not
140	140	required to use the standard petition form. A petition that does not
141	141	use the standard petition form must contain the substantial
142	142	elements required to be provided on the standard petition form.
143	143	SECTION 11. Chapter 277, Election Code, is amended by
144	144	adding Subchapters B and C to read as follows:
145	145	SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
146	146	Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
147	147	applies to a home-rule city that has a procedure requiring the
148	148	governing body of the city to hold an election on receipt of a
149	149	petition, including a procedure imposed by statute, requesting the
150	150	election.
151	151	Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
152	152	provisions of this subchapter apply notwithstanding any city
153	153	charter provision or other law.
154	154	Sec. 277.033. DETERMINATION OF VALIDITY. (a) The city
155	155	secretary shall determine the validity of a petition submitted
156	156	under this subchapter, including by verifying the petition
157	157	signatures, not later than the 30th day after the date the city
158	158	receives the petition.
159	159	(b) The city secretary may not invalidate a petition on
160	160	grounds of an inadequate caption but may:
161	161	(1) file a complaint under Section 273.102; and
162	162	(2) modify the caption as directed by the secretary of
163	163	state under Section 273.102.
164	164	Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city
165	165	may not restrict who may collect petition signatures.
166	166	SUBCHAPTER C. REPEAL OF PETITION-INITIATED CHARTER AMENDMENT
167	167	Sec. 277.051. APPLICABILITY OF SUBCHAPTER. This subchapter
168	168	applies to a home-rule city that has a procedure, including a
169	169	procedure imposed by statute, requiring the governing body of the
170	170	city to hold an election on receipt of a petition requesting the
171	171	election.
172	172	Sec. 277.052. REPEAL OF PETITION-INITIATED CHARTER
173	173	AMENDMENT. (a) A city may repeal a charter amendment adopted by a
174	174	petition-initiated election only by a petition-initiated election
175	175	held for the specific purpose of repealing the amendment. A repeal
176	176	petition may not include any other measure, including the repeal of
177	177	multiple charter amendments.
178	178	(b) A city may not repeal a charter amendment adopted by a
179	179	petition-initiated election by adopting a new or revised city
180	180	charter. A new or revised city charter must include each charter
181	181	amendment adopted by a petition-initiated election unless the
182	182	charter amendment was repealed in accordance with Subsection (a).
183	183	SECTION 12. Section 9.004(a), Local Government Code, is
184	184	amended to read as follows:
185	185	(a) Except as provided by Section 9.0045, the governing body
186	186	of a municipality on its own motion may submit a proposed charter
187	187	amendment to the municipality's qualified voters for their approval
188	188	at an election. The governing body shall submit a proposed charter
189	189	amendment to the voters for their approval at an election if the
190	190	submission is supported by a petition signed by a number of
191	191	qualified voters of the municipality equal to at least five percent
192	192	of the number of qualified voters of the municipality on the date of
193	193	the most recent election held throughout the municipality or
194	194	20,000, whichever number is the smaller.
195	195	SECTION 13. Sections 277.003 and 277.004, Election Code,
196	196	are repealed.
197	197	SECTION 14. Not later than January 1, 2026, the secretary of
198	198	state shall adopt and publish a petition form as required by Section
199	199	277.005, Election Code, as added by this Act.
200	200	SECTION 15. The changes in law made by this Act apply only
201	201	to a petition submitted on or after January 1, 2026.
202	202	SECTION 16. This Act takes effect September 1, 2025.