By Heflin H.J.R. No. 12
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 ENACTED 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 and
1-9 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 $250 must be submitted to the secretary of
1-17 state. The person or persons who submit a proposed statutory or
1-18 constitutional measure shall hereafter be referred to as "the
1-19 petitioner".
1-20 (c) Not later than the 10th day after the date of receipt of
1-21 a proposed measure from the petitioner, the secretary of state
1-22 shall issue to the petitioner approved copies of an initiative
1-23 petition proposing the measure in the number requested. The
2-1 secretary may charge for each copy a reasonable fee to cover the
2-2 cost of reproduction. The secretary shall prescribe standards of
2-3 form and design for a petition, including instructions to the
2-4 petitioner on deadlines for submitting the signed petitions
2-5 according to subsection (e) of this section. Each part of a
2-6 petition must include the full text of the proposed measure.
2-7 (d) An initiative petition must be signed by a number of
2-8 registered voters equal to at least 10 percent of the total number
2-9 of votes received by all candidates for governor in the most recent
2-10 gubernatorial election in at least half of the congressional
2-11 districts as well as statewide.
2-12 (e) To be certified as valid, the petition containing the
2-13 required number of signatures must be filed with the secretary of
2-14 state not later than the 180th day after the date the approved
2-15 copies are issued by the secretary and not later than the 60th day
2-16 before the date of the convening of a regular session of the
2-17 legislature. The secretary shall review the petition to determine
2-18 whether it is valid. The secretary may use any reasonable
2-19 statistical sampling method as the basis for verification.
2-20 However, the sample may not be less than two percent of the total
2-21 number of signatures appearing on the petition. If the secretary
2-22 determines that the petition does not contain the required number
2-23 of signatures, the petitioners have 30 days after the date of that
2-24 determination to obtain additional signatures and submit them to
2-25 the secretary of state. On determining that the petition complies
3-1 with this section, the secretary shall certify it as valid.
3-2 (f) The secretary of state shall deliver the certified
3-3 petition to the legislature on the date it convenes in regular
3-4 session.
3-5 (g) If a certified petition proposes a statutory measure and
3-6 an identical measure is enacted by the legislature and not vetoed
3-7 by the governor (or is vetoed and passed by both houses on
3-8 reconsideration), the enacted measure takes effect according to its
3-9 terms. If the measure is not so enacted (or is passed and vetoed
3-10 and not passed on reconsideration), and subsection (h) of this
3-11 section does not apply, the secretary of state shall submit the
3-12 question of approval or disapproval of the measure to the voters of
3-13 the state at an election to be held on the first Tuesday after the
3-14 first Monday in November following adjournment of the regular
3-15 session. If the measure is approved by a majority of those voting
3-16 on the question, the statutory change proposed by the measure takes
3-17 effect according to its terms.
3-18 (h) If a certified petition proposes a statutory measure and
3-19 an alternative measure is enacted by the legislature and is not
3-20 vetoed by the governor (or is vetoed and passed by both houses on
3-21 reconsideration), the secretary of state shall submit the question
3-22 of approval or disapproval of each measure to the voters at an
3-23 election to be held on the first Tuesday after the first Monday in
3-24 November following final adjournment of the regular session. If
3-25 only one measure is approved by a majority of those voting on the
4-1 question, that measure becomes law on January 1 of the following
4-2 year unless a later date is specified. If both measures are so
4-3 approved, the one receiving the most affirmative votes becomes law
4-4 and the other has no effect.
4-5 (i) If a statutory measure proposed by petition becomes law,
4-6 it may be amended or repealed within five years after it takes
4-7 effect only on the record vote of four-fifths of the members
4-8 elected to each house.
4-9 (j) If a certified petition proposes a constitutional
4-10 measure and subsection (k) of this section does not apply, the
4-11 secretary of state shall submit the question of approval or
4-12 disapproval of the measure to the voters at an election to be held
4-13 on the first Tuesday after the first Monday in November following
4-14 final adjournment of the regular session. If the measure is
4-15 approved by a majority of those voting on the question, the
4-16 amendment proposed by the measure becomes part of the constitution.
4-17 (k) If a certified petition proposes a constitutional
4-18 measure and an alternative measure is proposed by the legislature,
4-19 the secretary of state shall submit each measure to the voters at
4-20 an election to be held on the first Tuesday after the first Monday
4-21 in November following adjournment of the regular session. If only
4-22 one measure is approved by a majority of those voting on the
4-23 question, that measure becomes part of the constitution. If both
4-24 measures are so approved, the one receiving the most affirmative
4-25 votes becomes part of the constitution and the other has no effect.
5-1 (l) The secretary of state shall prepare the ballot
5-2 proposition for a measure approved by initiative and an alternative
5-3 measure proposed by the legislature. The proposition must be
5-4 descriptive but not argumentative or prejudicial. The provisions
5-5 of this constitution and of law that apply to publication of
5-6 constitutional amendments proposed under Article XVII, Section 1,
5-7 of this constitution apply to the publication of measures proposed
5-8 under this section.
5-9 (m) A person may not receive compensation for circulating an
5-10 initiative petition for signatures. The legislature shall provide
5-11 by law for the enforcement of this policy and for public disclosure
5-12 of all funds contributed or spent in support of or in opposition to
5-13 an initiative or alternate measure.
5-14 (n) This section is self-executing, but laws may be enacted
5-15 to facilitate its operation. However, no law may be enacted to
5-16 hamper, restrict, or impair the exercise of the power of
5-17 initiative.
5-18 Sec. 1B. (a) The people reserve to themselves the power by
5-19 petition and election to repeal statutes enacted by the legislature
5-20 as provided by this section. This power is known as the
5-21 referendum.
5-22 (b) The referendum power extends, as provided by this
5-23 section, to any bill enacted during a regular or special session of
5-24 the legislature. It extends to each bill in its entirety and not
5-25 to a part of the bill.
6-1 (c) A written request for a petition proposing the repeal of
6-2 a bill enacted by the legislature must be submitted to the
6-3 secretary of state in a form prescribed by the secretary with a
6-4 good faith filing fee of $250. The request must be filed not later
6-5 than the 180th day after the date of the final adjournment of the
6-6 session in which the bill is enacted.
6-7 (d) Not later than the 10th day after the date of receipt of
6-8 the request, the secretary of state shall prepare and issue, in the
6-9 number requested, approved copies of a petition proposing repeal of
6-10 the bill. The secretary may charge for each copy a reasonable fee
6-11 to cover the cost of reproduction. The petition must include a
6-12 citation of the bill, and a statement, not argumentative or
6-13 prejudicial, briefly describing the effect of the bill.
6-14 (e) To be certified as valid, a referendum petition must be
6-15 filed with the secretary of state before August 15 following its
6-16 issuance and must be signed by a number of registered voters equal
6-17 to at least 10 percent of the total number of votes received by all
6-18 candidates for governor in the most recent gubernatorial general
6-19 election in each of at least half the congressional districts as
6-20 well as statewide.
6-21 (f) The secretary of state shall review the petition to
6-22 determine whether it is valid. The secretary may use any
6-23 reasonable statistical sampling method as the basis for
6-24 verification. However, the sample may not be less than two percent
6-25 of the total number of signatures appearing on the petition. On
7-1 determining that the petition complies with this section, the
7-2 secretary shall certify it as valid and shall submit the proposal
7-3 to the voters at an election to be held on the first Tuesday after
7-4 the first Monday in November of the same year. The ballot shall be
7-5 printed to provide for voting for or against the proposition:
7-6 "Repeal of ___B. No.____, which (brief statement of effect of the
7-7 bill)."
7-8 (g) The provisions of this constitution and of law that
7-9 apply to publication of constitutional amendments proposed under
7-10 Article XVII, Section 1, of this constitution apply to the
7-11 publication of a referendum proposal.
7-12 (h) If a referendum proposal is approved by a majority of
7-13 those voting on the question, the repeal is effective immediately
7-14 on official declaration of the result of the election, whether or
7-15 not the bill repealed took effect before the date of the election.
7-16 (i) A person may not receive compensation for circulating a
7-17 referendum petition for signatures. The legislature shall provide
7-18 by law for the enforcement of this policy and for public disclosure
7-19 of all funds contributed or spent in support of or in opposition to
7-20 a referendum proposal.
7-21 (j) This section is self-executing, but laws may be enacted
7-22 to facilitate its operation. However, no law may be enacted to
7-23 hamper, restrict, or impair the exercise of the power of
7-24 referendum.
7-25 SECTION 2. Article XVII of the Texas Constitution is amended
8-1 by adding Section 1A to read as follows:
8-2 Sec. 1A. In addition to the mode of amendment provided by
8-3 Section 1 of this article, the constitution may be amended by the
8-4 initiative procedure authorized by Article III, Section 1A, of this
8-5 constitution.
8-6 SECTION 3. This proposed constitutional amendment shall be
8-7 submitted to the voters at an election to be held November 7, 1995.
8-8 The ballot shall be printed to provide for voting for or against
8-9 the proposition: "The constitutional amendment reserving to the
8-10 people the powers of initiative and referendum."