1-1 By: Nelson, et al. S.J.R. No. 34
1-2 (In the Senate - Filed February 8, 1995; February 9, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 24, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 8, Nays 4; April 24, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nelson
1-7 Amend S.J.R. No. 34 as follows:
1-8 On page 4, lines 19 through 22 (committee printing page 3,
1-9 lines34-37), delete Subsection (k) and insert the following
1-10 language:
1-11 (k) The legislature may amend or repeal a statutory measure
1-12 proposed by petition that becomes law within five years after it
1-13 takes effect only on the record vote of four-fifths of the members
1-14 elected to each house.
1-15 COMMITTEE AMENDMENT NO. 2 By: Nelson
1-16 Amend S.J.R. No. 34 in SECTION 1 of the resolution as follows:
1-17 (1) Strike the second sentence of proposed Section 1A(d),
1-18 Article III, Texas Constitution (lines 13-17, page 2, introduced
1-19 version; lines 42-46, page 2, committee printing), and substitute
1-20 the following:
1-21 In the fiscal note, the comptroller shall outline the fiscal
1-22 implications and probable cost of the measure each year for the
1-23 first five years after its effective date and provide a statement
1-24 as to whether there will be costs involved thereafter.
1-25 (2) Strike the first sentence of proposed Section 1A(e),
1-26 Article III, Texas Constitution (lines 18-22, page 2, introduced
1-27 version; lines 47-51, page 2, committee printing), and substitute
1-28 the following:
1-29 Not later than the 10th day after the date of receipt of a proposed
1-30 measure from the attorney general or comptroller, the secretary of
1-31 state shall prepare and issue to the petitioner, in the number
1-32 requested, approved copies of an initiative petition proposing the
1-33 measure.
1-34 COMMITTEE AMENDMENT NO. 3 By: Nelson
1-35 Amend S.J.R. No. 34 as follows:
1-36 (1) Insert the following new Subsection (o) on page 5
1-37 between lines 20 and 21 (committee printing page 3, between lines
1-38 62 and 63):
1-39 (o) No more than five measures proposed by initiative shall
1-40 be submitted to the voters on a single ballot. The first five
1-41 initiative measures with sufficient signatures submitted to the
1-42 secretary of state shall be the proposals which are submitted to
1-43 the legislature under Subsection (h) and to the voters under
1-44 Subsection (i) or Subsection (l). The sufficiency of signatures
1-45 shall be determined by the secretary of state. Signatures on an
1-46 initiative petition that does not qualify for placement on the
1-47 ballot are no longer valid.
1-48 (2) Reletter current Subsection (o) appropriately.
1-49 COMMITTEE AMENDMENT NO. 4 By: Nelson
1-50 Amend S.J.R. No. 34 as follows:
1-51 (1) In SECTION 1, proposed Section 1A (page 2; committee
1-52 printing page 2), substitute the following language for Subsection
1-53 (f):
1-54 (f) An initiative petition must be signed by a number of
1-55 registered voters equal to at least eight percent of the total
1-56 number of votes received by all candidates for governor in the most
1-57 recent gubernatorial general election in each of at least half of
1-58 the congressional districts as well as statewide.
1-59 (2) In SECTION 1, proposed Section B (page 6; committee
1-60 printing page 4), substitute the following language for Subsection
1-61 (e):
1-62 (e) To be certified as valid, a referendum petition must be
1-63 filed with the secretary of state not later than the 180th day
1-64 after the date of its issuance and must be signed by a number of
1-65 registered voters equal to at least eight percent of the total
1-66 number of votes received by all candidates for governor in the most
1-67 recent gubernatorial general election in each of at least half of
1-68 the congressional districts as well as statewide.
2-1 SENATE JOINT RESOLUTION
2-2 proposing a constitutional amendment to reserve to the people the
2-3 powers of initiative and referendum.
2-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-5 SECTION 1. Article III, Texas Constitution, is amended by
2-6 amending Section 1 and adding Sections 1A and 1B to read as
2-7 follows:
2-8 Sec. 1. Subject to Sections 1A and 1B of this article, the
2-9 <The> Legislative power of this State shall be vested in a Senate
2-10 and House of Representatives, which together shall be styled "The
2-11 Legislature of the State of Texas."
2-12 Sec. 1A. (a) The people reserve to themselves the power to
2-13 propose statutory and constitutional measures by petition for
2-14 submission to the electorate and to have those measures enacted as
2-15 provided by this section. This power is known as the initiative.
2-16 (b) A proposed statutory or constitutional measure and a
2-17 good faith filing fee of $100 must be submitted to the attorney
2-18 general. The attorney general shall advise the petitioner as to
2-19 proper form and language and, with the consent of the petitioner,
2-20 may redraft the text of the measure as necessary or desirable to
2-21 achieve its purposes. If the attorney general determines that any
2-22 provision of a proposed statutory measure would be invalid under
2-23 this constitution, the attorney general shall return the measure to
2-24 the petitioner accompanied by written reasons for the determination
2-25 of unconstitutionality. A measure determined to be
2-26 unconstitutional may not be forwarded to other state officers under
2-27 Subsection (c) of this section.
2-28 (c) If the attorney general determines that the proposed
2-29 measure authorizes or requires the expenditure or diversion of any
2-30 state funds, not later than the 30th day after the date the measure
2-31 is submitted, the attorney general shall forward the measure to the
2-32 comptroller of public accounts for the preparation of a fiscal
2-33 note. Otherwise, the attorney general shall forward the measure by
2-34 that deadline to the secretary of state.
2-35 (d) Not later than the 15th day after the date of receipt of
2-36 a proposed measure from the attorney general, the comptroller shall
2-37 prepare and sign the fiscal note, attach it to the measure, and
2-38 forward the measure to the secretary of state. In the fiscal note,
2-39 the comptroller shall outline the fiscal implications and probable
2-40 cost of the measure each year for the first five years after its
2-41 effective date and a statement as to whether there will be costs
2-42 involved thereafter.
2-43 (e) Not later than the 10th day after the date of receipt of
2-44 a proposed measure from the attorney general or comptroller, the
2-45 secretary of state shall issue to the petitioner approved copies of
2-46 an initiative petition proposing the measure in the number
2-47 requested. The secretary may charge for each copy a reasonable fee
2-48 to cover the cost of reproduction. The secretary shall prescribe
2-49 standards of form and design for a petition. Each part of a
2-50 petition must include the full text of the proposed measure.
2-51 (f) An initiative petition must be signed by a number of
2-52 registered voters equal to at least four percent of the total
2-53 number of votes received by all candidates for governor in the most
2-54 recent gubernatorial general election in each of at least half of
2-55 the congressional districts as well as statewide.
2-56 (g) To be certified as valid, the petition containing the
2-57 required number of signatures must be filed with the secretary of
2-58 state not later than the 180th day after the date the approved
2-59 copies are issued by the secretary and not later than the 60th day
2-60 before the date of the convening of a regular session of the
2-61 legislature. The secretary shall review the petition to determine
2-62 whether it is valid. The secretary may use any reasonable
2-63 statistical sampling method as the basis for verification.
2-64 However, the sample may not be less than one percent of the total
2-65 number of signatures appearing on the petition. If the secretary
2-66 determines that the petition does not contain the required number
2-67 of signatures, the petitioners have 30 days after the date of that
2-68 determination to obtain additional signatures. On determining that
2-69 the petition complies with this section, the secretary shall
2-70 certify it as valid.
3-1 (h) The secretary of state shall deliver the certified
3-2 petition to the legislature on the date it convenes in regular
3-3 session.
3-4 (i) If a certified petition proposes a statutory measure and
3-5 an identical measure is enacted by the legislature and not vetoed
3-6 by the governor (or is vetoed and passed by both houses on
3-7 reconsideration), the enacted measure takes effect according to its
3-8 terms. If the measure is not so enacted (or if passed and vetoed
3-9 and not passed on reconsideration) and Subsection (j) of this
3-10 section does not apply, the secretary of state shall submit the
3-11 question of approval or disapproval of the measure to the voters of
3-12 the state at an election to be held on the first Tuesday after the
3-13 first Monday in November following adjournment of the regular
3-14 session. If the measure is approved by a majority of those voting
3-15 on the question, the statutory change proposed by the measure takes
3-16 effect according to its terms.
3-17 (j) If a certified petition proposes a statutory measure and
3-18 an alternative measure is enacted by the legislature and is not
3-19 vetoed by the governor (or is vetoed and passed by both houses on
3-20 reconsideration), the secretary of state shall submit the question
3-21 of approval or disapproval of each measure to the voters at an
3-22 election to be held on the first Tuesday after the first Monday in
3-23 November following adjournment of the regular session. If only one
3-24 measure is approved by a majority of those voting on the question,
3-25 that measure becomes law on January 1 unless a later date is
3-26 specified. If both measures are so approved, the one receiving the
3-27 most affirmative votes becomes law and the other has no effect.
3-28 (k) If a statutory measure proposed by petition becomes law,
3-29 it may be amended or repealed within five years after it takes
3-30 effect only on the record vote of four-fifths of the members
3-31 elected to each house.
3-32 (l) If a certified petition proposes a constitutional
3-33 measure and Subsection (m) of this section does not apply, the
3-34 secretary of state shall submit the question of approval or
3-35 disapproval of the measure to the voters at an election to be held
3-36 on the first Tuesday after the first Monday in November following
3-37 adjournment of the regular session. If the measure is approved by
3-38 a majority of those voting on the question, the amendment proposed
3-39 by the measure becomes a part of the constitution.
3-40 (m) If a certified petition proposes a constitutional
3-41 measure and an alternative measure is proposed by the legislature,
3-42 the secretary of state shall submit each measure to the voters at
3-43 an election to be held on the first Tuesday after the first Monday
3-44 in November following adjournment of the regular session. If only
3-45 one measure is approved by a majority of those voting on the
3-46 question, that measure becomes part of the constitution. If both
3-47 measures are so approved, the one receiving the most affirmative
3-48 votes becomes part of the constitution and the other has no effect.
3-49 (n) The secretary of state shall prepare the ballot
3-50 proposition for a measure proposed by initiative and an alternative
3-51 measure proposed by the legislature. The proposition must be
3-52 descriptive but not argumentative or prejudicial. The provisions
3-53 of this constitution and of law that apply to publication of
3-54 constitutional amendments proposed under Section 1, Article XVII,
3-55 of this constitution apply to the publication of measures proposed
3-56 under this section.
3-57 (o) This section is self-executing, but laws may be enacted
3-58 to facilitate its operation. However, no law may be enacted to
3-59 hamper, restrict, or impair the exercise of the power of
3-60 initiative.
3-61 Sec. 1B. (a) The people reserve to themselves the power by
3-62 petition and election to repeal statutes enacted by the legislature
3-63 as provided by this section. This power is known as the
3-64 referendum.
3-65 (b) The referendum power extends, as provided by this
3-66 section, to any bill enacted during a regular or special session of
3-67 the legislature. It extends to each bill in its entirety and not
3-68 to a part of the bill.
3-69 (c) A written request for a petition proposing the repeal of
3-70 a bill enacted by the legislature must be submitted to the
4-1 secretary of state in a form prescribed by the secretary with a
4-2 good faith filing fee of $100. The request must be filed not later
4-3 than the 180th day after the date of final adjournment of the
4-4 session in which the bill is enacted.
4-5 (d) Not later than the 10th day after the date of receipt of
4-6 the request, the secretary of state shall prepare and issue, in the
4-7 number requested, approved copies of a petition proposing repeal of
4-8 the bill. The secretary may charge for each copy a reasonable fee
4-9 to cover the cost of reproduction. The petition must include a
4-10 citation of the bill, citations of any laws amended or repealed by
4-11 the bill, and a statement, not argumentative or prejudicial,
4-12 briefly describing the effect of the bill.
4-13 (e) To be certified as valid, a referendum petition must be
4-14 filed with the secretary of state not later than the 180th day
4-15 after the date of its issuance and must be signed by a number of
4-16 registered voters equal to at least four percent of the total
4-17 number of votes received by all candidates for governor in the most
4-18 recent gubernatorial general election in each of at least half of
4-19 the congressional districts as well as statewide.
4-20 (f) The secretary of state shall review the petition to
4-21 determine whether it is valid. The secretary may use any
4-22 reasonable statistical sampling method as the basis for
4-23 verification. However, the sample may not be less than one percent
4-24 of the total number of signatures appearing on the petition. On
4-25 determining that the petition complies with this section, the
4-26 secretary shall certify it as valid and shall submit the proposal
4-27 to the voters at an election to be held on the first Tuesday after
4-28 the first Monday in November that occurs on or after the 45th day
4-29 after the date the petition is submitted. The ballot shall be
4-30 printed to provide for voting for or against the
4-31 proposition: "Repeal of __.B. No. ____, which (brief statement of
4-32 effect of bill)."
4-33 (g) The provisions of this constitution and of law that
4-34 apply to publication of constitutional amendments proposed under
4-35 Section 1, Article XVII, of this constitution apply to the
4-36 publication of a referendum proposal.
4-37 (h) If a referendum proposal is approved by a majority of
4-38 those voting on the question, the repeal is effective immediately
4-39 on official declaration of the result of the election, whether or
4-40 not the bill repealed took effect before the date of the election.
4-41 (i) This section is self-executing, but laws may be enacted
4-42 to facilitate its operation. However, no law may be enacted to
4-43 hamper, restrict, or impair the exercise of the power of
4-44 referendum.
4-45 SECTION 2. Article XVII, Texas Constitution, is amended by
4-46 adding Section 1A to read as follows:
4-47 Sec. 1A. In addition to the mode of amendment provided by
4-48 Section 1 of this article, the constitution may be amended by the
4-49 initiative procedure authorized by Section 1A, Article III, of this
4-50 constitution.
4-51 SECTION 3. This proposed constitutional amendment shall be
4-52 submitted to the voters at an election to be held November 7, 1995.
4-53 The ballot shall be printed to provide for voting for or against
4-54 the proposition: "The constitutional amendment reserving to the
4-55 people the powers of initiative and referendum."
4-56 * * * * *