SRC-MAX S.J.R. 8 75(R)    BILL ANALYSIS


Senate Research CenterS.J.R. 8
By: Cain
State Affairs
2-25-97
As Filed

DIGEST 

Currently, the legislature is not permitted to submit proposed statutes to
the voters.   S.J.R. 8 requires the submission to the voters of a
constitutional amendment that addresses the process of submitting certain
legislation to the voters for their approval. The proposal would require a
two-thirds vote in both chambers on the question of submitting a measure
to the voters, but not necessarily a two-thirds vote by the public on the
measure itself.   

PURPOSE

As proposed, S.J.R. 8 requires the submission to the voters of a
constitutional amendment that addresses the process of submitting certain
legislation to the voters for their approval.  

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 adding Section 39a,
as follows: 

Sec.  39a. (a)  Authorizes the legislature to submit a proposed statute to
the voters and make the enactment of the statute into law subject to the
approval of the voters. 

(b)  Authorizes the legislature to submit alternative proposals for a
statute and provide that the measure receiving the highest number of votes
in the election held on the issue shall prevail over any other, provided
that a measure must receive at least a majority of votes cast to be
adopted in all cases. 

(c)  Provides that  a statute to be submitted to the voters must be
approved by a vote of two-thirds of all the members elected to each
chamber of the legislature and entered in the journals. 

(d)  Prohibits a measure submitted to the voters from being subject to
veto by the governor. 

(e)  Requires certain information regarding the proposed statute to be
published in the same manner as the statements required for proposed
amendments to this constitution. 

(f)  Requires the election on proposed statutes submitted to the voters to
be held on the first Tuesday of November, in accordance with certain
procedures established by the legislature. Provides that if it appears
from the returns that a majority of the votes cast have been in favor of
the statute, proclamation shall be made by the governor, and the statute
shall become law under its own terms. 

(g)  Requires a two-thirds vote of the members of both chambers of the
legislature to amend or repeal the statute during the first five years
after the adoption of the statute. 

SECTION 2.  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.