2 | | - | (In the Senate - Filed February 21, 2025; March 6, 2025, |
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3 | | - | read first time and referred to Committee on State Affairs; |
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4 | | - | March 17, 2025, reported favorably by the following vote: Yeas 11, |
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5 | | - | Nays 0; March 17, 2025, sent to printer.) |
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6 | | - | Click here to see the committee vote |
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7 | 5 | | |
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8 | 6 | | |
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9 | 7 | | A BILL TO BE ENTITLED |
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10 | 8 | | AN ACT |
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11 | 9 | | relating to requirements and procedures in the contest of an |
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12 | 10 | | election on a proposed constitutional amendment. |
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13 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 12 | | SECTION 1. Sections 233.014(c) and (f), Election Code, are |
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15 | 13 | | amended to read as follows: |
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16 | 14 | | (c) The filing of an election contest does not suspend |
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17 | 15 | | implementation of a constitutional amendment that was approved by |
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18 | 16 | | the majority of the votes cast [The declaration of the official |
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19 | 17 | | result of a contested election may not be made until the contest is |
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20 | 18 | | finally determined. The secretary of state shall tabulate the |
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21 | 19 | | county returns and the governor shall announce the final vote |
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22 | 20 | | count, as ascertained from the returns, in a written document. The |
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23 | 21 | | document announcing the final vote count must state that a contest |
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24 | 22 | | of the election has been filed and that the declaration of the |
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25 | 23 | | official result will not be made until the contest is finally |
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26 | 24 | | determined]. |
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27 | 25 | | (f) The court shall include in its judgment in a contest an |
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28 | 26 | | order directing the governor to declare the [official result of the |
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29 | 27 | | election or to declare the] election valid or void, as appropriate, |
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30 | 28 | | not later than the 10th day after the date the judgment becomes |
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31 | 29 | | final. |
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32 | 30 | | SECTION 2. The changes in law made by this Act apply to a |
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33 | 31 | | contest of a constitutional amendment election filed on or after |
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34 | 32 | | the effective date of this Act. A contest of a constitutional |
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35 | 33 | | amendment election filed before the effective date of this Act is |
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36 | 34 | | governed by the law in effect on the date that the suit is filed, and |
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37 | 35 | | the former law is continued in effect for that purpose. |
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38 | 36 | | SECTION 3. This Act takes effect September 1, 2025. |
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