Texas 2025 - 89th Regular

Texas Senate Bill SB506 Compare Versions

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

Old	New	Differences
1	1	89R1594 MLH-D
2	2	By: Bettencourt, et al. S.B. No. 506
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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. Section 52.072, Election Code, is amended by
14	14	adding Subsection (g) to read as follows:
15	15	(g) A proposition must substantially submit the question
16	16	with such definiteness, certainty, and facial neutrality that the
17	17	voters are not misled.
18	18	SECTION 2. Chapter 233, Election Code, is amended by adding
19	19	Section 233.0115 to read as follows:
20	20	Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
21	21	orders a new election under Section 233.011, a person may seek from
22	22	the court a writ of mandamus to compel the governing body of a city
23	23	to comply with the requirement that a ballot proposition must
24	24	substantially submit the question with such definiteness,
25	25	certainty, and facial neutrality that the voters are not misled, as
26	26	provided by Section 273.102.
27	27	SECTION 3. Section 253.094(b), Election Code, is amended to
28	28	read as follows:
29	29	(b) A corporation or labor organization may not make a
30	30	political contribution in connection with a recall election,
31	31	including the circulation and submission of a petition to call an
32	32	election. This subsection does not prohibit a religious
33	33	organization from circulating or submitting a petition in
34	34	connection with a recall election.
35	35	SECTION 4. Chapter 273, Election Code, is amended by adding
36	36	Subchapter F to read as follows:
37	37	SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
38	38	Sec. 273.101. REVIEW BY SECRETARY OF STATE. (a) Not later
39	39	than the seventh day after the date on which a home-rule city
40	40	publishes in the election order or by other means ballot
41	41	proposition language proposing an amendment to the city charter or
42	42	a voter-initiated initiative or referendum as requested by
43	43	petition, a registered voter eligible to vote in the election may
44	44	submit the proposition for review by the secretary of state.
45	45	(b) The secretary of state shall review the proposition not
46	46	later than the seventh day after the date the secretary receives the
47	47	submission to determine whether the proposition is misleading,
48	48	inaccurate, or prejudicial.
49	49	(c) If the secretary of state determines that the
50	50	proposition is misleading, inaccurate, or prejudicial, the city
51	51	shall draft a proposition to cure the defects and give notice of the
52	52	new proposition using the method of giving notice prescribed for
53	53	notice of an election under Section 4.003.
54	54	(d) A proposition drafted by a city under Subsection (c) to
55	55	cure the defects may be submitted to the secretary of state under
56	56	Subsection (a). If the secretary of state determines that the city
57	57	has on its third attempt drafted a proposition that is misleading,
58	58	inaccurate, or prejudicial, the secretary of state shall draft the
59	59	ballot proposition.
60	60	Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a
61	61	court of competent jurisdiction seeking a writ of mandamus to
62	62	compel the city's governing body to comply with the requirement
63	63	that a ballot proposition must substantially submit the question
64	64	with such definiteness, certainty, and facial neutrality that the
65	65	voters are not misled, the court shall make its determination
66	66	without delay and may order the city to use ballot proposition
67	67	language drafted by the court.
68	68	(b) The court may award a plaintiff or relator who
69	69	substantially prevails in a mandamus action described by Subsection
70	70	(a) the party's reasonable attorney's fees, expenses, and court
71	71	costs.
72	72	(c) Governmental immunity to suit is waived and abolished
73	73	only to the extent of the liability created by Subsection (b).
74	74	Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE.
75	75	Following a final nonappealable judgment containing a finding by a
76	76	court that a ballot proposition drafted by a city failed to
77	77	substantially submit the question with such definiteness,
78	78	certainty, and facial neutrality that the voters are not misled,
79	79	the city shall submit to the secretary of state for approval any
80	80	proposition to be voted on at an election held by the city before
81	81	the fourth anniversary of the court's finding.
82	82	Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES.
83	83	Notwithstanding a home-rule city charter provision to the contrary,
84	84	a city may not accept legal services relating to a proceeding under
85	85	this subchapter without paying fair market value for those
86	86	services.
87	87	SECTION 5. Chapter 277, Election Code, is amended by
88	88	designating Sections 277.001, 277.002, 277.0021, 277.0022,
89	89	277.0023, 277.0024, and 277.003 as Subchapter A and adding a
90	90	subchapter heading to read as follows:
91	91	SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND
92	92	VERIFICATION OF PETITIONS
93	93	SECTION 6. Section 277.001, Election Code, is amended to
94	94	read as follows:
95	95	Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
96	96	subchapter [chapter] applies to a petition authorized or required
97	97	to be filed under a law outside this code in connection with an
98	98	election.
99	99	SECTION 7. 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 8. 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. PETITION FORM; USE BY CITY AND OTHER PERSONS.
113	113	(a) The secretary of state shall prescribe a form, content, and
114	114	procedure for a petition.
115	115	(b) A home-rule city that uses a form that is different from
116	116	the official form prescribed under Subsection (a) may not
117	117	invalidate a petition because the petition does not contain
118	118	information that the petition form failed to provide for or to
119	119	require to be provided.
120	120	(c) A person who circulates or submits a petition is not
121	121	required to use a petition form prescribed by the secretary of state
122	122	or a home-rule city. A petition that does not use an officially
123	123	prescribed form must contain the substantial elements required to
124	124	be provided on the officially prescribed form.
125	125	SECTION 9. Chapter 277, Election Code, is amended by adding
126	126	Subchapter B to read as follows:
127	127	SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
128	128	Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
129	129	applies to a home-rule city that has a procedure requiring the
130	130	governing body of the city to hold an election on receipt of a
131	131	petition requesting the election that complies with the applicable
132	132	requirements.
133	133	Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. (a)
134	134	The provisions of this subchapter apply notwithstanding any city
135	135	charter provision or other law.
136	136	(b) This subchapter may not be construed to interfere with
137	137	the Military and Overseas Voter Empowerment Act
138	138	(Pub. L. No. 111-84, Sections 577-583(a)).
139	139	Sec. 277.033. DETERMINATION OF VALIDITY. The city
140	140	secretary shall determine the validity of a petition submitted
141	141	under this subchapter, including by verifying the petition
142	142	signatures, not later than the 30th day after the date the city
143	143	receives the petition.
144	144	Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED. A city
145	145	may not restrict who may collect petition signatures.
146	146	SECTION 10. Sections 9.004(a) and (c), Local Government
147	147	Code, are amended to read as follows:
148	148	(a) Except as provided by Section 9.0045, the governing body
149	149	of a municipality on its own motion may submit a proposed charter
150	150	amendment to the municipality's qualified voters for their approval
151	151	at an election. The governing body shall submit a proposed charter
152	152	amendment to the voters for their approval at an election if the
153	153	submission is supported by a petition signed by a number of
154	154	registered [qualified] voters of the municipality equal to at least
155	155	five percent of the number of registered [qualified] voters of the
156	156	municipality on the date of the most recent election held
157	157	throughout the municipality or 20,000, whichever number is the
158	158	smaller.
159	159	(c) Notice of the election shall be published in a newspaper
160	160	of general circulation published in the municipality. The notice
161	161	must:
162	162	(1) include a substantial copy of the proposed
163	163	amendment in which language sought to be deleted by the amendment is
164	164	bracketed and stricken through and language sought to be added by
165	165	the amendment is underlined;
166	166	(2) include an estimate of the anticipated fiscal
167	167	impact to the municipality if the proposed amendment is approved at
168	168	the election; and
169	169	(3) be published on the same day in each of two
170	170	successive weeks, with the first publication occurring before the
171	171	14th day before the date of the election.
172	172	SECTION 11. Section 277.004, Election Code, is repealed.
173	173	SECTION 12. Not later than January 1, 2026, the secretary of
174	174	state shall adopt a petition form as required by Section 277.005,
175	175	Election Code, as added by this Act.
176	176	SECTION 13. The changes in law made by this Act apply only
177	177	to a petition submitted on or after January 1, 2026.
178	178	SECTION 14. This Act takes effect September 1, 2025.