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."