BILL ANALYSIS S.J.R. 54 By: Cain State Affairs 4-22-95 Committee Report (Unamended) BACKGROUND Currently, the legislature is not permitted to submit alternative questions to the voters for a constitutional amendment. The voters are only permitted to choose whether they are for or against a particular amendment. PURPOSE As proposed, S.J.R. 54 requires the submission to the voters of a constitutional amendment providing for submitting certain legislation to the voters for their approval. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article III, Texas Constitution, by adding Section 39a, as follows: Sec. 39a. (a) Authorizes the legislature to submit a proposed statute to the voters and make the enactment of the statute into law subject to the approval of the voters. (b) Authorizes the legislature to submit alternative proposals for a statute and provide that the measure receiving the highest number of votes in the election held on the issue shall prevail over any other, provided that in all cases a measure must receive at least a majority of the votes cast in the election in order to be adopted. (c) Requires a statute or statutes to be submitted to the voters to be approved by a vote of two-thirds of all the members elected to each house of the legislature, entered by yeas and nays on the journals. (d) Prohibits a measure submitted to the voters under this section from being subject to veto by the governor. (e) Requires a brief explanatory statement of the proposed statute, together with the date of the election and the wording of the proposition as it is to appear on the ballot, to be published in the same manner as the statements required for proposed amendments to this constitution. (f) Sets forth the process for a joint resolution. (g) Requires a two-thirds vote of the members of both houses of the legislature to be required to amend or repeal the statute during the last five years. SECTION 2. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 7, 1995. Sets forth the required language for the ballot.