BILL ANALYSIS |
S.B. 1054 |
By: Nichols |
Judiciary & Civil Jurisprudence |
Committee Report (Unamended) |
BACKGROUND AND PURPOSE
Current law provides a process for challenging a constitutional amendment election. However, it does not currently prescribe a timeline by which a court must resolve such a challenge. S.B. 1054 seeks to establish a timeline in order to ensure that when Texas voters approve a constitutional amendment, their voices are protected from interference by unending litigation. The bill would require the trial date for a challenge of a contested election to be within 180 days after the contested election and would also establish a deadline for resolution of an appeal, if one is filed.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
S.B. 1054 amends the Election Code to prohibit the trial date for a contest of an election on a proposed constitutional amendment from being later than the 180th day after the date of the contested election. The bill requires the appellate court, if a contestant files an appeal of the contest, to ensure that the action is brought to final disposition not later than the 180th day after the date the judgment becomes final.
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EFFECTIVE DATE
September 1, 2023.
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