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."