By Elkins                                       H.J.R. No. 50

      75R500 JSA-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment to reserve to the people the

 1-2     power to submit proposed legislation and proposed constitutional

 1-3     amendments to the legislature.

 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article III, Texas Constitution, is amended by

 1-6     amending Section 1 and adding Section 1A to read as follows:

 1-7           Sec. 1.  Subject to Section 1A of this article, the [The]

 1-8     Legislative power of this State shall be vested in a Senate  and

 1-9     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 for submission to the

1-13     legislature as provided by this section.  This power is known as

1-14     the initiative.

1-15           (b)  A proposed measure must be filed by one or more

1-16     registered voters of this state with the secretary of state

1-17     together with a good faith filing fee in an amount set by the

1-18     secretary of state, not to exceed the amount of the filing fee, if

1-19     any, required by law for a candidate for the Texas House of

1-20     Representatives.  The proposal must state whether it proposes a

1-21     statutory change or a constitutional amendment, and may provide

1-22     specific proposed statutory or constitutional text or may describe

1-23     the measure in general terms.  Not later than the 10th day after a

1-24     proposed measure is filed under this subsection, the secretary of

 2-1     state shall deliver a copy of the proposed measure to the attorney

 2-2     general and to the comptroller of public accounts.

 2-3           (c)  Not later than the 30th day after the date of receipt of

 2-4     a proposed measure from the secretary of state, the attorney

 2-5     general shall advise the secretary of state whether any provision

 2-6     of the measure would be invalid under this constitution or the law

 2-7     of the United States.  The statement of the attorney general is

 2-8     advisory, and does not affect the application of this section to

 2-9     the measure.

2-10           (d)  Not later than the 30th day after the date of receipt of

2-11     a proposed measure from the secretary of state, the comptroller

2-12     shall prepare and deliver to the secretary of state a fiscal note

2-13     describing the fiscal implications and probable cost of the measure

2-14     to this state and political subdivisions of this state each year

2-15     for the first five years after its effective date and a statement

2-16     as to whether there would be costs involved thereafter.

2-17           (e)  Not later than the 10th day after the date a proposed

2-18     measure is filed with the secretary of state,  the secretary of

2-19     state shall issue to the person who submitted the proposal an

2-20     original  approved copy of an initiative petition form for the

2-21     proposed measure.  The secretary of state shall provide additional

2-22     copies of the petition form on request of the person filing the

2-23     proposed measure and shall charge a reasonable fee to cover the

2-24     cost of reproduction.  Each petition form must include the full

2-25     text of the proposed measure.  The secretary of state shall

2-26     prescribe standards of form and design for a petition form used

2-27     under this section.  A petition form that meets the prescribed

 3-1     standards may be used under this section whether or not printed by

 3-2     the secretary of state.

 3-3           (f)  Any person presenting a copy of an initiative petition

 3-4     to a qualified voter for the voter's signature must have

 3-5     immediately available for the voter's review a copy of the attorney

 3-6     general's advisory opinion and the comptroller's fiscal note.

 3-7           (g)  To be valid, an initiative petition for a proposed

 3-8     measure must be signed by a number of registered voters equal to at

 3-9     least 10 percent of the total number of votes received by all

3-10     candidates for governor in the most recent gubernatorial general

3-11     election and must be filed with the secretary of state not later

3-12     than the 180th day after the date the original approved copy of the

3-13     petition form is issued by the secretary of state.  The secretary

3-14     of state shall review the petition to determine whether it is

3-15     valid, and may use any reasonable statistical sampling method to

3-16     determine whether the petition contains the required number of

3-17     signatures.  If the secretary of state determines that the petition

3-18     does not contain the required number of signatures, the petitioners

3-19     have 30 days after the date of that determination to obtain

3-20     additional signatures.  On determining that the petition complies

3-21     with this section, the secretary shall certify the petition as

3-22     valid.  If the secretary of state does not make a determination on

3-23     the validity of the petition before the 31st day after the date the

3-24     petition is filed, or after the date the petition is resubmitted

3-25     with additional signatures, the petition is considered valid.

3-26           (h)  If the petition proposing a measure is determined to be

3-27     valid, the secretary of state shall submit the question of approval

 4-1     or disapproval of the proposed measure to the voters of the state

 4-2     at the next general election for state and local officers that is

 4-3     at least 80 days after the date the secretary of state certifies

 4-4     the petition as valid.  If the proposed measure is approved by a

 4-5     majority of the voters voting on the question, the secretary of

 4-6     state shall submit the measure to the presiding officer of each

 4-7     house of the legislature for consideration at the next regular

 4-8     session of the legislature.  The presiding officer of each house

 4-9     shall have the measure prepared for introduction and introduce the

4-10     measure in that house not later than the 30th day of that regular

4-11     session.  The text of the measure introduced in each house must be

4-12     identical.  The text of the measure is not required to be the same

4-13     as that included in the petition proposing the measure, but the

4-14     intent and effect of the measure must be substantially the same, as

4-15     determined exclusively by each house of the legislature.  A measure

4-16     proposing the amendment, enactment, or repeal of statutory law

4-17     shall be prepared and introduced as a bill.  A measure proposing an

4-18     amendment to this constitution shall be prepared and introduced in

4-19     the same manner as other proposed constitutional amendments.  The

4-20     author of a measure introduced under this section shall be entered

4-21     in the journals of each house as the People of Texas.  The

4-22     presiding officers shall act as authors on behalf of the people of

4-23     this state.

4-24           (i)  Except as otherwise provided by this section, a bill or

4-25     proposed constitutional amendment introduced under this section is

4-26     subject to the same procedures and rules, including those provided

4-27     by this constitution, applicable to a bill or proposed

 5-1     constitutional amendment introduced by a member of the legislature.

 5-2     A measure may be amended in the manner provided for other bills and

 5-3     proposed constitutional amendments.  Each house shall hold public

 5-4     hearings on the measure introduced in that house and, not later

 5-5     than the 60th day of the regular session, take a record vote on its

 5-6     passage.  If approved in identical form in each house, the measure

 5-7     is considered passed.  If approved by each house but not in

 5-8     identical form, the houses shall appoint a committee consisting of

 5-9     five members of each house to consider the two versions of the

5-10     measure.  The committee by a vote of a majority of the members

5-11     appointed by each house may submit a single version of the proposal

5-12     to each house.  Final action on the committee's proposal must be

5-13     taken in each house on or before the 90th day of the regular

5-14     session.  If approved by each house, the measure is considered as

5-15     passed.

5-16           (j)  If a measure proposing an amendment to this constitution

5-17     is passed,  the secretary of state shall submit the question of

5-18     approval or disapproval of the measure to the voters at an election

5-19     to be held on the first Tuesday after the first Monday in November

5-20     following adjournment of the regular session.  If the measure is

5-21     approved by a majority of the voters voting on the question, the

5-22     amendment proposed by the measure takes effect on the date the

5-23     result of the election is certified by the appropriate officer,

5-24     unless a later date is specified by the measure.

5-25           (k)  The secretary of state shall prepare the ballot

5-26     proposition for a measure approved by the legislature under this

5-27     section proposing a constitutional amendment.  The proposition must

 6-1     be descriptive but not argumentative or prejudicial.

 6-2           (l)  This section is self-executing, but laws may be enacted

 6-3     to facilitate its operation.  However, no law may be enacted to

 6-4     hamper, restrict, or impair the exercise of the power of initiative

 6-5     as set out in this section.

 6-6           SECTION 2.  This proposed constitutional amendment shall be

 6-7     submitted to the voters at an election to be held November 4, 1997.

 6-8     The ballot shall be printed to provide for voting for or against

 6-9     the proposition:  "The constitutional amendment reserving to the

6-10     people the power to place before the legislature proposed

6-11     legislation and proposed amendments to the Texas Constitution."