Texas 2025 - 89th Regular

Texas House Bill HJR198 Compare Versions

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

Old	New	Differences
1	1	89R8551 LRM-D
2	2	By: Goodwin H.J.R. No. 198
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7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment to reserve to the people the
9	9	powers of initiative and referendum.
10	10	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article III, Texas Constitution, is amended by
12	12	amending Section 1 and adding Sections 1A and 1B to read as follows:
13	13	Sec. 1. Subject to Sections 1A and 1B of this article, the
14	14	[The] Legislative power of this State shall be vested in a Senate
15	15	and House of Representatives, which together shall be styled "The
16	16	Legislature of the State of Texas."
17	17	Sec. 1A. (a) The people reserve to themselves the power to
18	18	propose statutory and constitutional measures by petition for
19	19	submission to the electorate and to have those measures enacted as
20	20	provided by this section. This power is known as the initiative.
21	21	(b) A proposed statutory or constitutional measure and a
22	22	filing fee of $1,000, which is refundable if the proposed measure is
23	23	placed on the ballot, must be submitted to the secretary of state.
24	24	A proposed measure must be accompanied by the names and other
25	25	relevant information, as determined by the secretary of state, of
26	26	two voters who represent the petitioners. A proposed measure may
27	27	not contain more than one subject. After the secretary of state
28	28	validates the signatures on the petition in accordance with
29	29	Subsection (h) of this section, the secretary of state shall
30	30	forward the petition to the Texas Legislative Council. The Texas
31	31	Legislative Council shall advise the petitioner as to proper form
32	32	and language and, with the consent of the petitioner, may redraft
33	33	the text of the measure as necessary or desirable to achieve its
34	34	purposes. If the Texas Legislative Council determines that any
35	35	provision of a proposed statutory measure would be invalid under
36	36	this constitution, the Texas Legislative Council shall return the
37	37	measure to the petitioner accompanied by written reasons for the
38	38	determination of unconstitutionality. A measure determined to be
39	39	unconstitutional may not be forwarded to other state officers under
40	40	Subsection (c) of this section.
41	41	(c) If the Texas Legislative Council determines that the
42	42	proposed measure authorizes or requires the expenditure or
43	43	diversion of any state funds, the Texas Legislative Council shall
44	44	forward the measure to the Legislative Budget Board to determine
45	45	written reasons why the measure impacts the state fiscally.
46	46	Otherwise, the Texas Legislative Council shall forward the measure
47	47	to the secretary of state.
48	48	(d) After receipt of a proposed measure from the Texas
49	49	Legislative Council, the Legislative Budget Board shall prepare and
50	50	sign the fiscal note, attach it to the measure, and return the
51	51	measure to the petitioner accompanied by written reasons for how
52	52	the measure impacts the state fiscally, including by lowering taxes
53	53	or instructing for the appropriation of funds. In the fiscal note,
54	54	the Legislative Budget Board shall outline the fiscal implications
55	55	and probable cost of the measure each year for the first five years
56	56	after its effective date and a statement as to whether there will be
57	57	costs involved thereafter. If the Legislative Budget Board
58	58	determines that the measure will not impact the state fiscally, the
59	59	board shall return the measure to the Texas Legislative Council
60	60	with written reasons for why the measure does not impact the state
61	61	fiscally.
62	62	(e) After receipt of a proposed measure from the Texas
63	63	Legislative Council, the secretary of state shall issue to the
64	64	petitioner approved copies of an initiative petition proposing the
65	65	measure in the number requested not later than the 15th day after
66	66	the date of receiving the proposed measure from the Texas
67	67	Legislative Council. The secretary of state may charge for each
68	68	copy a reasonable fee to cover the cost of reproduction. The
69	69	secretary of state shall prescribe standards of form and design for
70	70	a petition. Each part of a petition must include the full text of
71	71	the proposed measure.
72	72	(f) An initiative petition that proposes a statutory
73	73	measure must be signed by a number of registered voters equal to at
74	74	least five percent of the total number of votes received by all
75	75	candidates for state senator in the most recent general election in
76	76	each Texas Senate district and the statewide total of signatures
77	77	must equal at least five percent of the total number of votes
78	78	received by all candidates for governor in the most recent
79	79	gubernatorial election. An initiative petition that proposes a
80	80	constitutional measure must be signed by a number of registered
81	81	voters equal to at least six percent of the total number of votes
82	82	received by all candidates for state senator in the most recent
83	83	general election in each Texas Senate district and the statewide
84	84	total of signatures must equal at least six percent of the total
85	85	number of votes received by all candidates for governor in the most
86	86	recent gubernatorial election. A signer may withdraw a signature
87	87	from a petition before the petition is filed following the
88	88	procedures provided by general law for the withdrawal of a petition
89	89	signature.
90	90	(g) To be certified as valid, a petition containing the
91	91	required number of signatures must be filed with the secretary of
92	92	state before the earlier of the following dates after the date the
93	93	approved copies are issued by the secretary of state:
94	94	(1) the 365th day after the date the copies are issued;
95	95	or
96	96	(2) July 1 of an even-numbered year.
97	97	(h) The secretary of state shall review the petition to
98	98	determine whether it is valid. The secretary of state may use any
99	99	reasonable statistical sampling method as the basis for
100	100	verification. The secretary of state shall prescribe rules for the
101	101	withdrawal of a petition, except that a petition may not be
102	102	withdrawn after the petition is filed with the secretary of state.
103	103	If the secretary of state determines that the petition does not
104	104	contain the required number of signatures, the petitioners have 60
105	105	days after the date of that determination to obtain additional
106	106	signatures, except that additional signatures may not be obtained
107	107	after July 1 of an even-numbered year. The secretary of state shall
108	108	determine the validity of a petition not later than the 60th day
109	109	after the date the petition is filed. On determining that the
110	110	petition complies with this section, the secretary of state shall
111	111	certify it as valid.
112	112	(i) If a certified petition proposes a statutory measure,
113	113	the secretary of state shall submit the question of approval or
114	114	disapproval of the measure to the voters of the state at an election
115	115	to be held on the first Tuesday after the first Monday in November
116	116	that occurs on or after the 180th day after the date the petition is
117	117	submitted to the secretary of state for certification. If the
118	118	measure is approved by a majority of those voting on the question,
119	119	the statutory change proposed by the measure takes effect according
120	120	to its terms.
121	121	(j) If a statutory measure proposed by petition becomes law,
122	122	the law may be amended or repealed within five years after the date
123	123	the law takes effect only on the record vote of two-thirds of the
124	124	members elected to each house.
125	125	(k) If a certified petition proposes a constitutional
126	126	measure, the secretary of state shall submit the question of
127	127	approval or disapproval of the measure to the voters at an election
128	128	to be held on the first Tuesday after the first Monday in November
129	129	that occurs on or after the 180th day after the date the petition is
130	130	submitted to the secretary of state for certification. If the
131	131	measure is approved by a 55 percent majority of those voting on the
132	132	question, the amendment proposed by the measure becomes a part of
133	133	the constitution.
134	134	(l) The secretary of state shall prepare the ballot
135	135	proposition for a measure proposed by initiative. The proposition
136	136	must be descriptive but not argumentative or prejudicial. The
137	137	provisions of this constitution and of law that apply to
138	138	publication of constitutional amendments proposed under Section 1,
139	139	Article XVII, of this constitution apply to the publication of
140	140	measures proposed under this section.
141	141	(m) A reference in this section to the Texas Legislative
142	142	Council or Legislative Budget Board includes the entity's successor
143	143	in function.
144	144	(n) This section is self-executing, but laws may be enacted
145	145	to facilitate its operation. However, no law may be enacted to
146	146	hamper, restrict, or impair the exercise of the power of
147	147	initiative.
148	148	Sec. 1B. (a) The people reserve to themselves the power by
149	149	petition and election to repeal statutes enacted by the legislature
150	150	as provided by this section. This power is known as the referendum.
151	151	(b) The referendum power extends, as provided by this
152	152	section, to any bill enacted during a regular or special session of
153	153	the legislature, including a bill relating to the composition of
154	154	districts for the election of members of a governmental body. It
155	155	extends to each bill in its entirety and not to a part of the bill.
156	156	(c) A written request for a petition proposing the repeal of
157	157	a bill enacted by the legislature must be submitted to the secretary
158	158	of state in a form prescribed by the secretary of state with a
159	159	filing fee of $1,000, which is refundable if the referendum is
160	160	placed on the ballot. The request may be filed at any time after the
161	161	date of final adjournment of the session in which the bill is
162	162	enacted.
163	163	(d) The secretary of state shall prepare and issue, in the
164	164	number requested, approved copies of a petition proposing repeal of
165	165	the bill. The secretary of state may charge for each copy a
166	166	reasonable fee to cover the cost of reproduction. The petition must
167	167	include a citation of the bill, citations of any laws amended or
168	168	repealed by the bill, and a statement, not argumentative or
169	169	prejudicial, briefly describing the effect of the bill.
170	170	(e) To be certified as valid, a referendum petition must be
171	171	filed with the secretary of state not later than the 180th day after
172	172	the date of its issuance and must be signed by a number of
173	173	registered voters equal to at least five percent of the total number
174	174	of votes received by all candidates for state senator in each Texas
175	175	Senate district and the statewide total of signatures must equal at
176	176	least eight percent of the total number of votes received by all
177	177	candidates for governor in the most recent gubernatorial election.
178	178	(f) The secretary of state shall review the petition to
179	179	determine whether it is valid. The secretary of state may use any
180	180	reasonable statistical sampling method as the basis for
181	181	verification. On determining that the petition complies with this
182	182	section, the secretary of state shall certify it as valid and shall
183	183	submit the proposal to the voters at an election to be held on the
184	184	first Tuesday after the first Monday in November that occurs on or
185	185	after the 45th day after the date the petition is submitted. The
186	186	ballot shall be printed to permit voting for or against the
187	187	proposition: "Repeal of __B. No. ____, which (brief statement of
188	188	effect of bill)."
189	189	(g) The provisions of this constitution and of law that
190	190	apply to publication of constitutional amendments proposed under
191	191	Section 1, Article XVII, of this constitution apply to the
192	192	publication of a referendum proposal.
193	193	(h) If a referendum proposal is approved by a majority of
194	194	those voting on the question, the repeal is effective immediately
195	195	on official declaration of the result of the election, whether or
196	196	not the bill repealed took effect before the date of the election.
197	197	(i) This section is self-executing, but laws may be enacted
198	198	to facilitate its operation. However, no law may be enacted to
199	199	hamper, restrict, or impair the exercise of the power of
200	200	referendum.
201	201	SECTION 2. Article XVII, Texas Constitution, is amended by
202	202	adding Section 1A to read as follows:
203	203	Sec. 1A. In addition to the mode of amendment provided by
204	204	Section 1 of this article, the constitution may be amended by the
205	205	initiative procedure authorized by Section 1A, Article III, of this
206	206	constitution.
207	207	SECTION 3. This proposed constitutional amendment shall be
208	208	submitted to the voters at an election to be held November 4, 2025.
209	209	The ballot shall be printed to permit voting for or against the
210	210	proposition: "The constitutional amendment reserving to the people
211	211	the powers of initiative and referendum."