By Nelson S.B. No. 713 75R1931 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to enabling legislation for the powers of initiative and 1-3 referendum. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 16, Election Code, is amended by adding 1-6 Chapter 278 to read as follows: 1-7 CHAPTER 278. INITIATIVE AND REFERENDUM 1-8 Sec. 278.001. APPLICABILITY. This chapter applies only to a 1-9 statutory or constitutional measure proposed under Section 1A, 1-10 Article III, Texas Constitution, or a referendum to repeal a bill 1-11 under Section 1B, Article III, Texas Constitution. 1-12 Sec. 278.002. FILING FEES. (a) The filing fee for a 1-13 proposed statutory or constitutional measure is $500. 1-14 (b) The filing fee for a referendum to repeal a bill is 1-15 $250. 1-16 Sec. 278.003. ACTION ON PROPOSED STATUTORY OR CONSTITUTIONAL 1-17 MEASURE. (a) The attorney general shall make a determination on 1-18 the constitutionality of a proposed statutory measure not later 1-19 than the 30th day after the date the measure is submitted. 1-20 (b) The attorney general shall submit a proposed measure 1-21 that is not unconstitutional to the comptroller or the secretary of 1-22 state, as appropriate, not later than the 30th day after the date 1-23 the proposed measure is submitted. 1-24 (c) The comptroller shall submit a proposed measure and a 2-1 fiscal note required for the measure to the secretary of state not 2-2 later than the 15th day after the date the comptroller receives the 2-3 proposed measure from the attorney general. 2-4 (d) The secretary of state shall issue approved copies of an 2-5 initiative petition not later than the 10th day after the date the 2-6 secretary receives a proposed measure from the attorney general or 2-7 the comptroller. 2-8 Sec. 278.004. ACTION ON REFERENDUM TO REPEAL BILL. The 2-9 secretary of state shall issue copies of a petition proposing 2-10 repeal of a bill not later than the 10th day after the date a 2-11 request for a petition is received. 2-12 Sec. 278.005. VERIFYING SIGNATURES BY STATISTICAL SAMPLE. 2-13 The sample prescribed by Section 141.069 applies to a petition for 2-14 a measure or referendum under this chapter. 2-15 Sec. 278.006. PUBLIC HEARING. (a) The secretary of state 2-16 shall hold a public hearing in Austin to publicize each measure or 2-17 referendum that is to be decided in an election. 2-18 (b) At the hearing, the secretary of state shall allow the 2-19 sponsors of a measure or referendum to make a presentation. The 2-20 secretary shall also allow other interested persons to comment on 2-21 the proposed measure or referendum. 2-22 (c) The hearing may not be held earlier than the 150th day 2-23 or later than the 65th day before the date of the election. 2-24 SECTION 2. This Act takes effect on the date on which the 2-25 constitutional amendment proposed by the 75th Legislature, Regular 2-26 Session, 1997, authorizing the use of initiative and referendum, is 2-27 approved by the voters. If that amendment is not approved by the 3-1 voters, this Act has no effect. 3-2 SECTION 3. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended.