SRC-MAX S.J.R. 6 75(R)    BILL ANALYSIS


Senate Research CenterS.J.R. 6
By: Nelson
State Affairs
2-25-97
As Filed


DIGEST 

Currently, the powers of initiative and referendum are reserved as
legislative powers.  Initiative and referendum are terms often used
interchangeably but they have significantly different meanings.  The power
of initiative enables citizens to bypass the legislation by placing
proposed statutes and, in some states, constitutional amendments on the
ballot.  The power of referendum provides for a popular vote on laws that
have been enacted by the legislature.  S.J.R. 6 reserves to the people the
powers of initiative and referendum. 

PURPOSE

As proposed, S.J.R. 6 requires the submission to the voters of a
constitutional amendment to reserve to the people the powers of initiative
and referendum. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article III, Texas Constitution, by amending Section 1
and adding Sections 1A and 1B, as follows: 

Sec.  1.  Requires the legislative power of the state, subject to Sections
1A and 1B of this article, to be vested in a Senate and House of
Representatives and titled "The Legislature of the State of Texas."   

Sec.  1A.  (a)  Provides that the people reserve to themselves the power
to propose statutory and constitutional measures by petition for
submission to the electorate and to have those measures enacted as
provided by this section. Provides that this power is known as the
initiative. 

(b)  Requires a proposed statutory or constitutional measure and a filing
fee is to be submitted to the attorney general. Prohibits a proposed
measure from containing more than one subject.  Requires the attorney
general to advise the petitioner regarding the proposed measure.
Prohibits a measure determined unconstitutional from being forwarded to
other state officers. 

(c)  Requires the attorney general to forward the measure to the
comptroller of public accounts for the preparation of a fiscal note, if
the measure authorizes or requires the expenditure or diversion of any
state funds.  provides that otherwise the attorney general shall forward
the measure to the secretary of state (secretary). 

(d)  Requires the comptroller to prepare and sign the fiscal note, attach
it to the measure, and forward the measure to the secretary.  Requires the
comptroller to outline the fiscal implications and probable cost of the
measure each year for a certain period of time and a statement as to
whether there will be costs involved. 

(e)  Requires the secretary to issue to the petitioner approved copies of
the initiative  petition proposing the measure in the number requested.
Authorizes the secretary to charge for the copies.  Requires the secretary
to prescribe standards of form and design for a petition, which must
include the full text of the proposed measure. 

(f)  Requires the initiative petition to be signed by a specific number of
registered voters in each of at least two-thirds of the congressional
districts and statewide.  Requires an initiative petition that proposes a
constitutional measure to be signed by a certain number of registered
voters in certain congressional district and statewide. 

(g)  Requires the petition to be filed with the secretary not later than
the 365th day after the date the approved copies are issued by the
secretary, requires the secretary to determine whether the petition is
valid, and sets forth the conditions for the secretary to determine the
validity of the petition.   

(h)  Requires the secretary to submit the question of approval or
disapproval of the measure to the voters of the state at an election held
on a specified date. Provides that if the measure is approved by a
majority of those voting on the question, the statutory change proposed
takes effects according to its terms. 

(i)  Authorizes a statutory measure that had become law to be amended or
repealed within five years after it takes effect only on the record vote
of two-thirds of the members elected to each chamber. 

(j)  Requires the secretary to submit the question of approval or
disapproval of a certified petition proposed as a constitutional measure
to the voters at an election held on a specified date.  Provides that if
the measure is approved by a  60 percent majority of those voting on the
question the amendment becomes part of the constitution. 

(k)  Requires the secretary to prepare the ballot proposition for a
measure proposed by initiative.  Prohibits the proposition from being
argumentative or prejudicial.  Provides that the provisions of this
constitution and of law that apply to publication of constitutional
amendments proposed under Section 1, Article XVII, of this constitution
apply to the publication of measures proposed under this section. 

(l)  Provides that this section is self-executing, but laws may be enacted
to facilitate its operation.  Prohibits any law from being enacted that
will hamper, restrict, or impair the exercise of the power of initiative. 

Sec.  1B.  (a)  Provides that the people reserve the power by petition and
election to repeal statutes enacted by the legislature and that this power
is known as referendum. 

(b) Provides that the referendum power extends to any bill enacted during
a regular or special session of the legislature, and to each bill in its
entirety and not to part of a bill. 

(c) Requires a written request for a petition proposing the repeal of a
bill to be submitted to the secretary in a prescribed form with a filing
fee in an amount set by general law not later than the 180th day after the
date of the final adjournment of the session in which the bill was
enacted. 

(d)  Requires the secretary to prepare and issue approved copies of a
petition proposing repeal of the bill and authorizes the secretary to
charge a reasonable fee for each copy. Sets forth the requirements for the
petition. 

(e)  Requires a referendum petition to be filed with the secretary not
later than the 180th day after the date of its issuance and to be signed
by a certain number of the registered voters of the congressional
districts as well as statewide. 

(f)  Requires the secretary to review the petition to determine validity.
Authorizes the secretary to use any reasonable statistical sampling method
for verification.  Requires the  secretary to certify the petition as
valid and submit the proposal to the voters at an election.  Sets forth
the requirements for the ballot. 

(g)  Provides that the provisions of this constitution and of law that
apply to publication of constitutional amendments proposed under Section
1, Article XVII, of this constitution apply to the publication of a
referendum proposal. 

(h)  Provides that if a referendum proposal is approved by a majority of
those voting on the question, the repeal is effective immediately on
official declaration of the result of the election, whether or not the
bill repealed took effect before the date of the election. 

(i)  Authorizes laws to be enacted to facilitate the referendum's
operation.  Prohibits a law from being enacted to hamper, restrict, or
impair the exercise of the power of referendum. 

SECTION 2. Amends Article XVII, Texas Constitution, by adding Section 1A,
as follows: 

Sec. 1A.  Provides that the constitution may be amended by the initiative
procedure authorized by Section 1A, Article III, of this constitution. 

SECTION 3. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 4, 1997.  Sets forth the
required language for the ballot.