By Wentworth S.J.R. No. 41
74R3543 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 the legislature and to have
1-14 those measures adopted as provided by this section. This power is
1-15 known as the initiative.
1-16 (b) A proposed statutory or constitutional measure and a
1-17 good faith filing fee of $100 must be submitted to the attorney
1-18 general. The attorney general shall advise the petitioner as to
1-19 proper form and language and, with the consent of the petitioner,
1-20 may redraft the text of the measure as necessary or desirable to
1-21 achieve its purposes. If the attorney general determines that any
1-22 provision of a proposed statutory measure would be invalid under
1-23 this constitution, the attorney general shall return the measure to
1-24 the petitioner accompanied by written reasons for the determination
2-1 of unconstitutionality. A measure determined to be
2-2 unconstitutional may not be forwarded to other state officers under
2-3 Subsection (c) of this section.
2-4 (c) If the attorney general determines that the proposed
2-5 measure authorizes or requires the expenditure or diversion of any
2-6 state funds, not later than the 30th day after the date the measure
2-7 is submitted, the attorney general shall forward the measure to the
2-8 comptroller of public accounts for the preparation of a fiscal
2-9 note. Otherwise, the attorney general shall forward the measure by
2-10 that deadline to the secretary of 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 comptroller shall
2-13 prepare and sign the fiscal note, attach it to the measure, and
2-14 forward the measure to the secretary of state. In the fiscal note,
2-15 the comptroller shall outline the fiscal implications and probable
2-16 cost of the measure each year for the first five years after its
2-17 effective date and provide a statement as to whether there will be
2-18 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 comptroller, the
2-21 secretary of state shall issue to the petitioner approved copies of
2-22 an initiative petition proposing the measure in the number
2-23 requested. The secretary may charge for each copy a reasonable fee
2-24 to cover the cost of reproduction. The secretary shall prescribe
2-25 standards of form and design for a petition. Each part of a
2-26 petition must include the full text of the proposed measure.
2-27 (f) An initiative petition must be signed by a number of
3-1 registered voters equal to at least 10 percent of the total number
3-2 of votes received by all candidates for governor in the most recent
3-3 gubernatorial general election in each of at least half of the
3-4 congressional districts as well as statewide.
3-5 (g) To be certified as valid, the petition containing the
3-6 required number of signatures must be filed with the secretary of
3-7 state not later than the 180th day after the date the approved
3-8 copies are issued by the secretary and not later than the 60th day
3-9 before the date of the convening of a regular session of the
3-10 legislature. The secretary shall review the petition to determine
3-11 whether it is valid. The secretary may use any reasonable
3-12 statistical sampling method as the basis for verification.
3-13 However, the sample may not be less than one percent of the total
3-14 number of signatures appearing on the petition. If the secretary
3-15 determines that the petition does not contain the required number
3-16 of signatures, the petitioners have 30 days after the date of that
3-17 determination to obtain additional signatures. On determining that
3-18 the petition complies with this section, the secretary shall
3-19 certify it as valid.
3-20 (h) The secretary of state shall deliver the certified
3-21 petition to the legislature on the date it convenes in regular
3-22 session.
3-23 (i) If a certified petition proposes a statutory measure and
3-24 an identical measure is enacted by the legislature and not vetoed
3-25 by the governor (or is vetoed and passed by both houses on
3-26 reconsideration), the enacted measure takes effect according to its
3-27 terms. If the measure is not so enacted (or if passed and vetoed
4-1 and not passed on reconsideration) and Subsection (j) of this
4-2 section does not apply, the secretary of state shall submit the
4-3 question of approval or disapproval of the measure to the voters of
4-4 the state at an election to be held on the first Tuesday after the
4-5 first Monday in November following adjournment of the regular
4-6 session. If the measure is approved by a majority of those voting
4-7 on the question, the measure must be considered by the Senate and
4-8 House of Representatives in the manner prescribed by Subsection (q)
4-9 of this section.
4-10 (j) If a certified petition proposes a statutory measure and
4-11 an alternative measure is enacted by the legislature and is not
4-12 vetoed by the governor (or is vetoed and passed by both houses on
4-13 reconsideration), the secretary of state shall submit the question
4-14 of approval or disapproval of each measure to the voters at an
4-15 election to be held on the first Tuesday after the first Monday in
4-16 November following adjournment of the regular session. If the
4-17 alternative measure is the only measure approved by a majority of
4-18 those voting on the question, that measure becomes law on March 1
4-19 unless a later date is specified. If the measure proposed by
4-20 initiative is the only measure approved by a majority of those
4-21 voting on the question, that measure must be considered by the
4-22 Senate and House of Representatives in the manner prescribed by
4-23 Subsection (q) of this section. If both measures are so approved,
4-24 the one receiving the most affirmative votes becomes law or is
4-25 considered by the legislature as previously indicated and the other
4-26 has no effect.
4-27 (k) If a statutory measure proposed by petition becomes law,
5-1 it may be amended or repealed within five years after it takes
5-2 effect only on the record vote of three-fourths of the members
5-3 elected to each house.
5-4 (l) If a certified petition proposes a constitutional
5-5 measure and Subsection (m) of this section does not apply, the
5-6 secretary of state shall submit the question of approval or
5-7 disapproval of the measure to the voters at an election to be held
5-8 on the first Tuesday after the first Monday in November following
5-9 adjournment of the regular session. If the measure is approved by
5-10 a majority of those voting on the question, the measure must be
5-11 considered by the Senate and House of Representatives in the manner
5-12 prescribed by Subsection (q) of this section.
5-13 (m) If a certified petition proposes a constitutional
5-14 measure and an alternative measure is proposed by the legislature,
5-15 the secretary of state shall submit each measure to the voters at
5-16 an election to be held on the first Tuesday after the first Monday
5-17 in November following adjournment of the regular session. If the
5-18 alternative measure is the only measure approved by a majority of
5-19 those voting on the question, that measure becomes part of the
5-20 constitution. If the measure proposed by initiative is the only
5-21 measure approved by a majority of those voting on the question,
5-22 that measure must be considered by the Senate and House of
5-23 Representatives in the manner prescribed by Subsection (q) of this
5-24 section. If both measures are so approved, the one receiving the
5-25 most affirmative votes becomes part of the constitution or is
5-26 considered by the legislature as previously indicated and the other
5-27 has no effect.
6-1 (n) The secretary of state shall prepare the ballot
6-2 proposition for a measure proposed by initiative and an alternative
6-3 measure proposed by the legislature. The proposition must be
6-4 descriptive but not argumentative or prejudicial. The provisions
6-5 of this constitution and of law that apply to publication of
6-6 constitutional amendments proposed under Section 1, Article XVII,
6-7 of this constitution apply to the publication of measures proposed
6-8 under this section.
6-9 (o) No more than five measures proposed by initiative may be
6-10 voted on at an election. If more than five measures are eligible
6-11 to be on the ballot, the five measures receiving the most valid
6-12 signatures, as determined by the secretary of state, shall appear
6-13 on the ballot. A measure proposed by initiative that does not
6-14 appear on the ballot has no effect.
6-15 (p) A person may not receive compensation for circulating an
6-16 initiative petition for signatures. The legislature shall provide
6-17 by law for the enforcement of this policy and for public disclosure
6-18 of all funds contributed or spent in support of or in opposition to
6-19 an initiative or alternative measure.
6-20 (q) At the first regular or special session following the
6-21 approval by voters of a measure proposed by initiative, the Senate
6-22 and House of Representatives shall debate and cast a record vote on
6-23 the measure. The measure may be amended on the floor of either
6-24 house. However, the measure may not be amended to change its
6-25 original purpose. If a statutory measure is approved by a majority
6-26 of members voting in each house, the measure becomes law. The
6-27 governor's veto power does not extend to a statutory measure
7-1 proposed by initiative. If a constitutional measure is approved by
7-2 a majority of members voting in each house, the measure becomes
7-3 part of the constitution.
7-4 (r) This section is self-executing, but laws may be enacted
7-5 to facilitate its operation. However, no law may be enacted to
7-6 hamper, restrict, or impair the exercise of the power of
7-7 initiative.
7-8 Sec. 1B. (a) The people reserve to themselves the power by
7-9 petition and election to repeal statutes enacted by the legislature
7-10 as provided by this section. This power is known as the
7-11 referendum.
7-12 (b) The referendum power extends, as provided by this
7-13 section, to any bill enacted during a regular or special session of
7-14 the legislature. It extends to each bill in its entirety and not
7-15 to a part of the bill.
7-16 (c) A written request for a petition proposing the repeal of
7-17 a bill enacted by the legislature must be submitted to the
7-18 secretary of state in a form prescribed by the secretary with a
7-19 good faith filing fee of $100. The request must be filed not later
7-20 than the 180th day after the date of final adjournment of the
7-21 session in which the bill is enacted.
7-22 (d) Not later than the 10th day after the date of receipt of
7-23 the request, the secretary of state shall prepare and issue, in the
7-24 number requested, approved copies of a petition proposing repeal of
7-25 the bill. The secretary may charge for each copy a reasonable fee
7-26 to cover the cost of reproduction. The petition must include a
7-27 citation of the bill, citations of any laws amended or repealed by
8-1 the bill, and a statement, not argumentative or prejudicial,
8-2 briefly describing the effect of the bill.
8-3 (e) To be certified as valid, a referendum petition must be
8-4 filed with the secretary of state before August 15 following its
8-5 issuance and must be signed by a number of registered voters equal
8-6 to at least 10 percent of the total number of votes received by all
8-7 candidates for governor in the most recent gubernatorial general
8-8 election in each of at least half of the congressional districts as
8-9 well as statewide.
8-10 (f) The secretary of state shall review the petition to
8-11 determine whether it is valid. The secretary may use any
8-12 reasonable statistical sampling method as the basis for
8-13 verification. However, the sample may not be less than one percent
8-14 of the total number of signatures appearing on the petition. On
8-15 determining that the petition complies with this section, the
8-16 secretary shall certify it as valid and shall submit the proposal
8-17 to the voters at an election to be held on the first Tuesday after
8-18 the first Monday in November of the same year. The ballot shall be
8-19 printed to provide for voting for or against the
8-20 proposition: "Repeal of __B. No. ____, which (brief statement of
8-21 effect of bill)."
8-22 (g) The provisions of this constitution and of law that
8-23 apply to publication of constitutional amendments proposed under
8-24 Section 1, Article XVII, of this constitution apply to the
8-25 publication of a referendum proposal.
8-26 (h) No more than five referendum proposals may be voted on
8-27 at an election. If more than five proposals are eligible to be on
9-1 the ballot, the five proposals receiving the most valid signatures,
9-2 as determined by the secretary of state, shall appear on the
9-3 ballot. A referendum proposal that does not appear on the ballot
9-4 has no effect.
9-5 (i) If a referendum proposal is approved by a majority of
9-6 those voting on the question, the repeal is effective immediately
9-7 on official declaration of the result of the election, whether or
9-8 not the bill repealed took effect before the date of the election.
9-9 (j) A person may not receive compensation for circulating a
9-10 referendum petition for signatures. The legislature shall provide
9-11 by law for the enforcement of this policy and for public disclosure
9-12 of all funds contributed or spent in support of or in opposition to
9-13 a referendum proposal.
9-14 (k) This section is self-executing, but laws may be enacted
9-15 to facilitate its operation. However, no law may be enacted to
9-16 hamper, restrict, or impair the exercise of the power of
9-17 referendum.
9-18 SECTION 2. Article XVII, Texas Constitution, is amended by
9-19 adding Section 1A to read as follows:
9-20 Sec. 1A. In addition to the mode of amendment provided by
9-21 Section 1 of this article, the constitution may be amended by the
9-22 initiative procedure authorized by Section 1A, Article III, of this
9-23 constitution.
9-24 SECTION 3. This proposed constitutional amendment shall be
9-25 submitted to the voters at an election to be held November 7, 1995.
9-26 The ballot shall be printed to permit voting for or against the
9-27 proposition: "The constitutional amendment reserving to the people
10-1 the powers of initiative and referendum."