1-1 By: Cain, Nelson S.J.R. No. 54
1-2 (In the Senate - Filed March 13, 1995; March 16, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 24, 1995, reported favorably by the following vote: Yeas 8,
1-5 Nays 4; April 24, 1995, sent to printer.)
1-6 SENATE JOINT RESOLUTION
1-7 proposing a constitutional amendment to provide for submitting
1-8 certain legislation to the voters for their approval.
1-9 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Article III, Texas Constitution, is amended by
1-11 adding Section 39a to read as follows:
1-12 Sec. 39a. (a) In addition to amendments to this
1-13 constitution, the legislature may submit a proposed statute to the
1-14 voters and make the enactment of the statute into law subject to
1-15 the approval of the voters.
1-16 (b) The legislature may submit alternative proposals for a
1-17 statute and provide that the measure receiving the highest number
1-18 of votes in the election held on the issue shall prevail over any
1-19 other, provided that in all cases a measure must receive at least a
1-20 majority of the votes cast in the election in order to be adopted.
1-21 (c) A statute or statutes to be submitted to the voters must
1-22 be approved by a vote of two-thirds of all the members elected to
1-23 each house of the legislature, entered by yeas and nays on the
1-24 journals.
1-25 (d) A measure submitted to the voters under this section
1-26 shall not be subject to veto by the governor.
1-27 (e) A brief explanatory statement of the proposed statute,
1-28 together with the date of the election and the wording of the
1-29 proposition as it is to appear on the ballot, shall be published in
1-30 the same manner as the statements required for proposed amendments
1-31 to this constitution.
1-32 (f) The election on proposed statutes submitted to the
1-33 voters under this section shall be held on the first Tuesday of
1-34 November. The election shall be held in accordance with the
1-35 procedures established by the legislature for voting on proposed
1-36 amendments to this constitution, and the returning officer in each
1-37 county shall make returns to the secretary of state of the number
1-38 of legal votes cast at the election for and against each proposed
1-39 statute. If it appears from the returns that a majority of the
1-40 votes cast have been cast in favor of a statute, proclamation
1-41 thereof shall be made by the governor, and the statute shall become
1-42 law under its own terms.
1-43 (g) During the first five years after the adoption of a
1-44 statute by the voters under this section, a two-thirds vote of the
1-45 members of both houses of the legislature shall be required to
1-46 amend or repeal the statute.
1-47 SECTION 2. This proposed constitutional amendment shall be
1-48 submitted to the voters at an election to be held November 7, 1995.
1-49 The ballot shall be printed to permit voting for or against the
1-50 proposition: "The constitutional amendment allowing voters to
1-51 approve or disapprove proposed statutes submitted to them by the
1-52 legislature."
1-53 * * * * *