By Kubiak H.J.R. No. 66
74R2985 DRH-F
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, Texas Constitution, is amended by
1-5 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 $100 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 comptroller of public accounts for the preparation of a fiscal
2-8 note. Otherwise, the attorney general shall forward the measure by
2-9 that deadline to the secretary of state.
2-10 (d) Not later than the 15th day after the date of receipt of
2-11 a proposed measure from the attorney general, the comptroller shall
2-12 prepare and sign the fiscal note, attach it to the measure, and
2-13 forward the measure to the secretary of state. In the fiscal note,
2-14 the comptroller shall outline the fiscal implications and probable
2-15 cost of the measure each year for the first five years after its
2-16 effective date and a statement as to whether there will be costs
2-17 involved thereafter.
2-18 (e) Not later than the 10th day after the date of receipt of
2-19 a proposed measure from the attorney general or comptroller, the
2-20 secretary of state shall issue to the petitioner approved copies of
2-21 an initiative petition proposing the measure in the number
2-22 requested. The secretary may charge for each copy a reasonable fee
2-23 to cover the cost of reproduction. The secretary shall prescribe
2-24 standards of form and design for a petition. Each part of a
2-25 petition must include the full text of the proposed measure.
2-26 (f) An initiative petition must be signed by a number of
2-27 registered voters equal to at least four percent of the total
3-1 number of votes received by all candidates for governor in the most
3-2 recent gubernatorial general election in each of at least half of
3-3 the congressional districts as well as statewide.
3-4 (g) To be certified as valid, the petition containing the
3-5 required number of signatures must be filed with the secretary of
3-6 state not later than the 180th day after the date the approved
3-7 copies are issued by the secretary and not later than the 60th day
3-8 before the date of the convening of a regular session of the
3-9 legislature. The secretary shall review the petition to determine
3-10 whether it is valid. The secretary may use any reasonable
3-11 statistical sampling method as the basis for verification.
3-12 However, the sample may not be less than one percent of the total
3-13 number of signatures appearing on the petition. If the secretary
3-14 determines that the petition does not contain the required number
3-15 of signatures, the petitioners have 30 days after the date of that
3-16 determination to obtain additional signatures. On determining that
3-17 the petition complies with this section, the secretary shall
3-18 certify it as valid.
3-19 (h) The secretary of state shall deliver the certified
3-20 petition to the legislature on the date it convenes in regular
3-21 session.
3-22 (i) If a certified petition proposes a statutory measure and
3-23 an identical measure is enacted by the legislature and not vetoed
3-24 by the governor (or is vetoed and passed by both houses on
3-25 reconsideration), the enacted measure takes effect according to its
3-26 terms. If the measure is not so enacted (or if passed and vetoed
3-27 and not passed on reconsideration) and Subsection (j) of this
4-1 section does not apply, the secretary of state shall submit the
4-2 question of approval or disapproval of the measure to the voters of
4-3 the state at an election to be held on the first Tuesday after the
4-4 first Monday in November following adjournment of the regular
4-5 session. If the measure is approved by a majority of those voting
4-6 on the question, the statutory change proposed by the measure takes
4-7 effect according to its terms.
4-8 (j) If a certified petition proposes a statutory measure and
4-9 an alternative measure is enacted by the legislature and is not
4-10 vetoed by the governor (or is vetoed and passed by both houses on
4-11 reconsideration), the secretary of state shall submit the question
4-12 of approval or disapproval of each measure to the voters at an
4-13 election to be held on the first Tuesday after the first Monday in
4-14 November following adjournment of the regular session. If only one
4-15 measure is approved by a majority of those voting on the question,
4-16 that measure becomes law on January 1 unless a later date is
4-17 specified. If both measures are so approved, the one receiving the
4-18 most affirmative votes becomes law and the other has no effect.
4-19 (k) If a statutory measure proposed by petition becomes law,
4-20 it may be amended or repealed within five years after it takes
4-21 effect only on the record vote of four-fifths of the members
4-22 elected to each house.
4-23 (l) If a certified petition proposes a constitutional
4-24 measure and Subsection (m) of this section does not apply, the
4-25 secretary of state shall submit the question of approval or
4-26 disapproval of the measure to the voters at an election to be held
4-27 on the first Tuesday after the first Monday in November following
5-1 adjournment of the regular session. If the measure is approved by
5-2 a majority of those voting on the question, the amendment proposed
5-3 by the measure becomes a part of the constitution.
5-4 (m) If a certified petition proposes a constitutional
5-5 measure and an alternative measure is proposed by the legislature,
5-6 the secretary of state shall submit each measure to the voters at
5-7 an election to be held on the first Tuesday after the first Monday
5-8 in November following adjournment of the regular session. If only
5-9 one measure is approved by a majority of those voting on the
5-10 question, that measure becomes part of the constitution. If both
5-11 measures are so approved, the one receiving the most affirmative
5-12 votes becomes part of the constitution and the other has no effect.
5-13 (n) The secretary of state shall prepare the ballot
5-14 proposition for a measure proposed by initiative and an alternative
5-15 measure proposed by the legislature. The proposition must be
5-16 descriptive but not argumentative or prejudicial. The provisions
5-17 of this constitution and of law that apply to publication of
5-18 constitutional amendments proposed under Section 1, Article XVII,
5-19 of this constitution apply to the publication of measures proposed
5-20 under this section.
5-21 (o) This section is self-executing, but laws may be enacted
5-22 to facilitate its operation. However, no law may be enacted to
5-23 hamper, restrict, or impair the exercise of the power of
5-24 initiative.
5-25 Sec. 1B. (a) The people reserve to themselves the power by
5-26 petition and election to repeal statutes enacted by the legislature
5-27 as provided by this section. This power is known as the
6-1 referendum.
6-2 (b) The referendum power extends, as provided by this
6-3 section, to any bill enacted during a regular or special session of
6-4 the legislature. It extends to each bill in its entirety and not
6-5 to a part of the bill.
6-6 (c) A written request for a petition proposing the repeal of
6-7 a bill enacted by the legislature must be submitted to the
6-8 secretary of state in a form prescribed by the secretary with a
6-9 good faith filing fee of $100. The request must be filed not later
6-10 than the 180th day after the date of final adjournment of the
6-11 session in which the bill is enacted.
6-12 (d) Not later than the 10th day after the date of receipt of
6-13 the request, the secretary of state shall prepare and issue, in the
6-14 number requested, approved copies of a petition proposing repeal of
6-15 the bill. The secretary may charge for each copy a reasonable fee
6-16 to cover the cost of reproduction. The petition must include a
6-17 citation of the bill, citations of any laws amended or repealed by
6-18 the bill, and a statement, not argumentative or prejudicial,
6-19 briefly describing the effect of the bill.
6-20 (e) To be certified as valid, a referendum petition must be
6-21 filed with the secretary of state not later than the 180th day
6-22 after the date of its issuance and must be signed by a number of
6-23 registered voters equal to at least four percent of the total
6-24 number of votes received by all candidates for governor in the most
6-25 recent gubernatorial general election in each of at least half of
6-26 the congressional districts as well as statewide.
6-27 (f) The secretary of state shall review the petition to
7-1 determine whether it is valid. The secretary may use any
7-2 reasonable statistical sampling method as the basis for
7-3 verification. However, the sample may not be less than one percent
7-4 of the total number of signatures appearing on the petition. On
7-5 determining that the petition complies with this section, the
7-6 secretary shall certify it as valid and shall submit the proposal
7-7 to the voters at an election to be held on the first Tuesday after
7-8 the first Monday in November that occurs on or after the 45th day
7-9 after the date the petition is submitted. The ballot shall be
7-10 printed to provide for voting for or against the
7-11 proposition: "Repeal of __B. No. ____, which (brief statement of
7-12 effect of bill)."
7-13 (g) The provisions of this constitution and of law that
7-14 apply to publication of constitutional amendments proposed under
7-15 Section 1, Article XVII, of this constitution apply to the
7-16 publication of a referendum proposal.
7-17 (h) If a referendum proposal is approved by a majority of
7-18 those voting on the question, the repeal is effective immediately
7-19 on official declaration of the result of the election, whether or
7-20 not the bill repealed took effect before the date of the election.
7-21 (i) 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, Texas Constitution, is amended by
7-26 adding Section 1A to read as follows:
7-27 Sec. 1A. In addition to the mode of amendment provided by
8-1 Section 1 of this article, the constitution may be amended by the
8-2 initiative procedure authorized by Section 1A, Article III, of this
8-3 constitution.
8-4 SECTION 3. This proposed constitutional amendment shall be
8-5 submitted to the voters at an election to be held November 7, 1995.
8-6 The ballot shall be printed to provide for voting for or against
8-7 the proposition: "The constitutional amendment reserving to the
8-8 people the powers of initiative and referendum."