By:  Nelson                                           S.J.R. No. 32
       73R5515 DRH-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment to reserve to the people the
    1-2  powers of initiative and referendum.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article III of the Texas Constitution is amended
    1-5  by amending Section 1 and adding Sections 1A and 1B to read as
    1-6  follows:
    1-7        Sec. 1.  Subject to Sections 1A and 1B of this article, the
    1-8  <The> Legislative power of this State shall be vested in a Senate
    1-9  and House of Representatives, which together shall be styled "The
   1-10  Legislature of the State of Texas."
   1-11        Sec. 1A.  (a)  The people reserve to themselves the power to
   1-12  propose statutory and constitutional measures by petition for
   1-13  submission to the electorate and to have those measures enacted as
   1-14  provided by this section.  This power is known as the initiative.
   1-15        (b)  A proposed statutory or constitutional measure and a
   1-16  good faith filing fee of $1,000 must be submitted to the attorney
   1-17  general.  The attorney general shall advise the petitioner as to
   1-18  proper form and language and, with the consent of the petitioner,
   1-19  may redraft the text of the measure as necessary or desirable to
   1-20  achieve its purposes.  If the attorney general determines that any
   1-21  provision of a proposed statutory measure would be invalid under
   1-22  this constitution, the attorney general shall return the measure to
   1-23  the petitioner accompanied by written reasons for the determination
   1-24  of unconstitutionality.  A measure determined to be
    2-1  unconstitutional may not be forwarded to other state officers under
    2-2  Subsection (c) of this section.
    2-3        (c)  If the attorney general determines that the proposed
    2-4  measure authorizes or requires the expenditure or diversion of any
    2-5  state funds, not later than the 30th day after the date the measure
    2-6  is submitted, the attorney general shall forward the measure to the
    2-7  legislative agency required by law to prepare the state budget for
    2-8  the preparation of a fiscal note.  Otherwise, the attorney general
    2-9  shall forward the measure by that deadline to the secretary of
   2-10  state.
   2-11        (d)  Not later than the 15th day after the date of receipt of
   2-12  a proposed measure from the attorney general, the legislative
   2-13  agency shall prepare and sign the fiscal note, attach it to the
   2-14  measure, and forward the measure to the secretary of state.  In the
   2-15  fiscal note, the legislative agency shall outline the fiscal
   2-16  implications and probable cost of the measure each year for the
   2-17  first five years after its effective date and a statement as to
   2-18  whether there will be costs involved thereafter.
   2-19        (e)  Not later than the 10th day after the date of receipt of
   2-20  a proposed measure from the attorney general or legislative agency,
   2-21  the secretary of state shall issue to the petitioner approved
   2-22  copies of an initiative petition proposing the measure in the
   2-23  number requested.  The secretary may charge for each copy a
   2-24  reasonable fee to cover the cost of reproduction.  The secretary
   2-25  shall prescribe standards of form and design for a petition.  Each
   2-26  part of a petition must include the full text of the proposed
   2-27  measure.
    3-1        (f)  An initiative petition proposing a statutory measure
    3-2  must be signed by a number of registered voters  equal to at least
    3-3  five percent of the total number of votes received by all
    3-4  candidates for governor in the most recent gubernatorial general
    3-5  election.  An initiative petition proposing a constitutional
    3-6  measure must be signed by a number of registered voters equal to at
    3-7  least eight percent of the total number of votes received by all
    3-8  candidates for governor in the most recent gubernatorial general
    3-9  election.
   3-10        (g)  To be certified as valid, the petition containing the
   3-11  required number of signatures must be filed with the secretary of
   3-12  state not later than the 180th day after the date the approved
   3-13  copies are issued by the secretary and not later than the 60th day
   3-14  before the date of the convening of a regular session of the
   3-15  legislature.  The secretary shall review the petition to determine
   3-16  whether it is valid.  The secretary may use any reasonable
   3-17  statistical sampling method as the basis for verification.
   3-18  However, the sample may not be less than one percent of the total
   3-19  number of signatures appearing on the petition.  If the secretary
   3-20  determines that the petition does not contain the required number
   3-21  of signatures, the petitioners have 30 days after the date of that
   3-22  determination to obtain additional signatures.  On determining that
   3-23  the petition complies with this section, the secretary shall
   3-24  certify it as valid.
   3-25        (h)  The secretary of state shall deliver the certified
   3-26  petition to the legislature on the date it convenes in regular
   3-27  session.
    4-1        (i)  If a certified petition proposes a statutory measure and
    4-2  an identical measure is enacted by the legislature and not vetoed
    4-3  by the governor (or is vetoed and passed by both houses on
    4-4  reconsideration), the enacted measure takes effect according to its
    4-5  terms.  If the measure is not so enacted (or if passed and vetoed
    4-6  and not passed on reconsideration) and Subsection (j) of this
    4-7  section does not apply, the secretary of state shall submit the
    4-8  question of approval or disapproval of the measure to the voters of
    4-9  the state at an election to be held on the first Tuesday after the
   4-10  first Monday in November following adjournment of the regular
   4-11  session.  If the measure is approved by a majority of those voting
   4-12  on the question, the statutory change proposed by the measure takes
   4-13  effect according to its terms.
   4-14        (j)  If a certified petition proposes a statutory measure and
   4-15  an alternative measure is enacted by the legislature and is not
   4-16  vetoed by the governor (or is vetoed and passed by both houses on
   4-17  reconsideration), the secretary of state shall submit the question
   4-18  of approval or disapproval of each measure to the voters at an
   4-19  election to be held on the first Tuesday after the first Monday in
   4-20  November following adjournment of the regular session.  If only one
   4-21  measure is approved by a majority of those voting on the question,
   4-22  that measure becomes law on January 1 unless a later date is
   4-23  specified.  If both measures are so approved, the one receiving the
   4-24  most affirmative votes becomes law and the other has no effect.
   4-25        (k)  If a statutory measure proposed by petition becomes law,
   4-26  it may be amended or repealed within five years after it takes
   4-27  effect only on the record vote of four-fifths of the members
    5-1  elected to each house.
    5-2        (l)  If a certified petition proposes a constitutional
    5-3  measure and Subsection (m) of this section does not apply,  the
    5-4  secretary of state shall submit the question of approval or
    5-5  disapproval of the measure to the voters at an election to be held
    5-6  on the first Tuesday after the first Monday in November following
    5-7  adjournment of the regular session.  If the measure is approved by
    5-8  a majority of those voting on the question, the amendment proposed
    5-9  by the measure becomes a part of the constitution.
   5-10        (m)  If a certified petition proposes a constitutional
   5-11  measure and an alternative measure is proposed by the legislature,
   5-12  the secretary of state shall submit each measure to the voters at
   5-13  an election to be held on the first Tuesday after the first Monday
   5-14  in November following adjournment of the regular session.  If only
   5-15  one measure is approved by a majority of those voting on the
   5-16  question, that measure becomes part of the constitution.  If both
   5-17  measures are so approved,  the one receiving the most affirmative
   5-18  votes becomes part of the constitution and the other has no effect.
   5-19        (n)  The secretary of state shall prepare the ballot
   5-20  proposition for a measure proposed by initiative and an alternative
   5-21  measure proposed by the legislature.  The proposition must be
   5-22  descriptive but not argumentative or prejudicial.  The provisions
   5-23  of this constitution and of law that apply to publication of
   5-24  constitutional amendments proposed under Article XVII, Section 1,
   5-25  of this constitution apply to the publication of measures proposed
   5-26  under this section.
   5-27        (o)  A person may not receive compensation for circulating an
    6-1  initiative petition for signatures.  The legislature shall provide
    6-2  by law for the enforcement of this policy and for public disclosure
    6-3  of all funds contributed or spent in support of or in opposition to
    6-4  an initiative or alternative measure.
    6-5        (p)  This section is self-executing, but laws may be enacted
    6-6  to facilitate its operation.  However, no law may be enacted to
    6-7  hamper, restrict, or impair the exercise of the power of
    6-8  initiative.
    6-9        Sec. 1B.  (a)  The people reserve to themselves the power by
   6-10  petition and election to repeal statutes enacted by the legislature
   6-11  as provided by this section.  This power is known as the
   6-12  referendum.
   6-13        (b)  The referendum power extends, as provided by this
   6-14  section, to any bill enacted during a regular or special session of
   6-15  the legislature.  It extends to each bill in its entirety and not
   6-16  to a part of the bill.
   6-17        (c)  A written request for a petition proposing the repeal of
   6-18  a bill enacted by the legislature must be submitted to the
   6-19  secretary of state in a form prescribed by the secretary with a
   6-20  good faith filing fee of $1,000.  The request must be filed not
   6-21  later than the 180th day after the date of final adjournment of the
   6-22  session in which the bill is enacted.
   6-23        (d)  Not later than the 10th day after the date of receipt of
   6-24  the request, the secretary of state shall prepare and issue, in the
   6-25  number requested, approved copies of a petition proposing repeal of
   6-26  the bill.  The secretary may charge for each copy a reasonable fee
   6-27  to cover the cost of reproduction.  The petition must include a
    7-1  citation of the bill, citations of any laws amended or repealed by
    7-2  the bill, and a statement, not argumentative or prejudicial,
    7-3  briefly describing the effect of the bill.
    7-4        (e)  To be certified as valid, a referendum petition must be
    7-5  filed with the secretary of state before August 15 following its
    7-6  issuance and must be signed by a number of registered voters equal
    7-7  to at least five percent of the total number of votes received by
    7-8  all candidates for governor in the most recent gubernatorial
    7-9  general election.
   7-10        (f)  The secretary of state shall review the petition to
   7-11  determine whether it is valid.  The secretary may use any
   7-12  reasonable statistical sampling method as the basis for
   7-13  verification.  However, the sample may not be less than one percent
   7-14  of the total number of signatures appearing on the petition.  On
   7-15  determining that the petition complies with this section, the
   7-16  secretary shall certify it as valid and shall submit the proposal
   7-17  to the voters at an election to be held on the first Tuesday after
   7-18  the first Monday in November of the same year.  The ballot shall be
   7-19  printed to provide for voting for or against the
   7-20  proposition:  "Repeal of __B. No. ____, which (brief statement of
   7-21  effect of bill)."
   7-22        (g)  The provisions of this constitution and of law that
   7-23  apply to publication of constitutional amendments proposed under
   7-24  Article XVII, Section 1, of this constitution apply to the
   7-25  publication of a referendum proposal.
   7-26        (h)  If a referendum proposal is approved by a majority of
   7-27  those voting on the question, the repeal is effective immediately
    8-1  on official declaration of the result of the election, whether or
    8-2  not the bill repealed took effect before the date of the election.
    8-3        (i)  A person may not receive compensation for circulating a
    8-4  referendum petition for signatures.  The legislature shall provide
    8-5  by law for the enforcement of this policy and for public disclosure
    8-6  of all funds contributed or spent in support of or in opposition to
    8-7  a referendum proposal.
    8-8        (j)  This section is self-executing, but laws may be enacted
    8-9  to facilitate its operation.  However, no law may be enacted to
   8-10  hamper, restrict, or impair the exercise of the power of
   8-11  referendum.
   8-12        SECTION 2.  Article XVII of the Texas Constitution is amended
   8-13  by adding Section 1A to read as follows:
   8-14        Sec. 1A.  In addition to the mode of amendment provided by
   8-15  Section 1 of this article, the constitution may be amended by the
   8-16  initiative procedure authorized by Article III, Section 1A, of this
   8-17  constitution.
   8-18        SECTION 3.  This proposed constitutional amendment shall be
   8-19  submitted to the voters at an election to be held November 2, 1993.
   8-20  The ballot shall be printed to provide for voting for or against
   8-21  the proposition:  "The constitutional amendment reserving to the
   8-22  people the powers of initiative and referendum."