By Nelson S.J.R. No. 6
75R1930 DRH-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to reserve to the people the
1-2 powers of initiative and referendum.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article III, Texas Constitution, is amended by
1-5 amending Section 1 and adding Sections 1A and 1B to read as
1-6 follows:
1-7 Sec. 1. Subject to Sections 1A and 1B of this article, the
1-8 [The] Legislative power of this State shall be vested in a Senate
1-9 and 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 by petition for
1-13 submission to the electorate and to have those measures enacted as
1-14 provided by this section. This power is known as the initiative.
1-15 (b) A proposed statutory or constitutional measure and a
1-16 good faith filing fee in an amount set by general law must be
1-17 submitted to the attorney general. A proposed measure may not
1-18 contain more than one subject. The attorney general shall advise
1-19 the petitioner as to proper form and language and, with the consent
1-20 of the petitioner, may redraft the text of the measure as necessary
1-21 or desirable to achieve its purposes. If the attorney general
1-22 determines that any provision of a proposed statutory measure would
1-23 be invalid under this constitution, the attorney general shall
1-24 return the measure to the petitioner accompanied by written reasons
2-1 for the determination of unconstitutionality. A measure determined
2-2 to be unconstitutional may not be forwarded to other state officers
2-3 under Subsection (c) of this section.
2-4 (c) If the attorney general determines that the proposed
2-5 measure authorizes or requires the expenditure or diversion of any
2-6 state funds, the attorney general shall forward the measure to the
2-7 comptroller of public accounts for the preparation of a fiscal
2-8 note. Otherwise, the attorney general shall forward the measure to
2-9 the secretary of state.
2-10 (d) After receipt of a proposed measure from the attorney
2-11 general, the comptroller shall prepare and sign the fiscal note,
2-12 attach it to the measure, and forward the measure to the secretary
2-13 of state. In the fiscal note, the comptroller shall outline the
2-14 fiscal implications and probable cost of the measure each year for
2-15 the first five years after its effective date and a statement as to
2-16 whether there will be costs involved thereafter.
2-17 (e) After receipt of a proposed measure from the attorney
2-18 general or comptroller, the secretary of state shall issue to the
2-19 petitioner approved copies of an initiative petition proposing the
2-20 measure in the number requested. The secretary may charge for each
2-21 copy a reasonable fee to cover the cost of reproduction. The
2-22 secretary shall prescribe standards of form and design for a
2-23 petition. Each part of a petition must include the full text of
2-24 the proposed measure.
2-25 (f) An initiative petition that proposes a statutory measure
2-26 must be signed by a number of registered voters equal to at least
2-27 four percent of the total number of votes received by all
3-1 candidates for governor in the most recent gubernatorial general
3-2 election in each of at least two-thirds of the congressional
3-3 districts as well as statewide. An initiative petition that
3-4 proposes a constitutional measure must be signed by a number of
3-5 registered voters equal to at least six percent of the total number
3-6 of votes received by all candidates for governor in the most recent
3-7 gubernatorial general election in each of at least two-thirds of
3-8 the congressional districts as well as statewide.
3-9 (g) To be certified as valid, the petition containing the
3-10 required number of signatures must be filed with the secretary of
3-11 state not later than the 365th day after the date the approved
3-12 copies are issued by the secretary. The secretary shall review the
3-13 petition to determine whether it is valid. The secretary may use
3-14 any reasonable statistical sampling method as the basis for
3-15 verification. If the secretary determines that the petition does
3-16 not contain the required number of signatures, the petitioners have
3-17 30 days after the date of that determination to obtain additional
3-18 signatures. On determining that the petition complies with this
3-19 section, the secretary shall certify it as valid.
3-20 (h) If a certified petition proposes a statutory measure,
3-21 the secretary of state shall submit the question of approval or
3-22 disapproval of the measure to the voters of the state at an
3-23 election to be held on the first Tuesday after the first Monday in
3-24 November that occurs on or after the 150th day after the date the
3-25 petition is submitted to the secretary of state for certification.
3-26 If the measure is approved by a majority of those voting on the
3-27 question, the statutory change proposed by the measure takes effect
4-1 according to its terms.
4-2 (i) If a statutory measure proposed by petition becomes law,
4-3 it may be amended or repealed within five years after it takes
4-4 effect only on the record vote of two-thirds of the members elected
4-5 to each house.
4-6 (j) If a certified petition proposes a constitutional
4-7 measure, the secretary of state shall submit the question of
4-8 approval or disapproval of the measure to the voters at an election
4-9 to be held on the first Tuesday after the first Monday in November
4-10 that occurs on or after the 150th day after the date the petition
4-11 is submitted to the secretary of state for certification. If the
4-12 measure is approved by a 60 percent majority of those voting on the
4-13 question, the amendment proposed by the measure becomes a part of
4-14 the constitution.
4-15 (k) The secretary of state shall prepare the ballot
4-16 proposition for a measure proposed by initiative. The proposition
4-17 must be descriptive but not argumentative or prejudicial. The
4-18 provisions of this constitution and of law that apply to
4-19 publication of constitutional amendments proposed under Section 1,
4-20 Article XVII, of this constitution apply to the publication of
4-21 measures proposed under this section.
4-22 (l) This section is self-executing, but laws may be enacted
4-23 to facilitate its operation. However, no law may be enacted to
4-24 hamper, restrict, or impair the exercise of the power of
4-25 initiative.
4-26 Sec. 1B. (a) The people reserve to themselves the power by
4-27 petition and election to repeal statutes enacted by the legislature
5-1 as provided by this section. This power is known as the
5-2 referendum.
5-3 (b) The referendum power extends, as provided by this
5-4 section, to any bill enacted during a regular or special session of
5-5 the legislature. It extends to each bill in its entirety and not
5-6 to a part of the bill.
5-7 (c) A written request for a petition proposing the repeal of
5-8 a bill enacted by the legislature must be submitted to the
5-9 secretary of state in a form prescribed by the secretary with a
5-10 good faith filing fee in an amount set by general law. The request
5-11 must be filed not later than the 180th day after the date of final
5-12 adjournment of the session in which the bill is enacted.
5-13 (d) The secretary of state shall prepare and issue, in the
5-14 number requested, approved copies of a petition proposing repeal of
5-15 the bill. The secretary may charge for each copy a reasonable fee
5-16 to cover the cost of reproduction. The petition must include a
5-17 citation of the bill, citations of any laws amended or repealed by
5-18 the bill, and a statement, not argumentative or prejudicial,
5-19 briefly describing the effect of the bill.
5-20 (e) To be certified as valid, a referendum petition must be
5-21 filed with the secretary of state not later than the 180th day
5-22 after the date of its issuance and must be signed by a number of
5-23 registered voters equal to at least four percent of the total
5-24 number of votes received by all candidates for governor in the most
5-25 recent gubernatorial general election in each of at least
5-26 two-thirds of the congressional districts as well as statewide.
5-27 (f) The secretary of state shall review the petition to
6-1 determine whether it is valid. The secretary may use any
6-2 reasonable statistical sampling method as the basis for
6-3 verification. On determining that the petition complies with this
6-4 section, the secretary shall certify it as valid and shall submit
6-5 the proposal to the voters at an election to be held on the first
6-6 Tuesday after the first Monday in November that occurs on or after
6-7 the 45th day after the date the petition is submitted. The ballot
6-8 shall be printed to permit voting for or against the
6-9 proposition: "Repeal of __B. No. ____, which (brief statement of
6-10 effect of bill)."
6-11 (g) The provisions of this constitution and of law that
6-12 apply to publication of constitutional amendments proposed under
6-13 Section 1, Article XVII, of this constitution apply to the
6-14 publication of a referendum proposal.
6-15 (h) If a referendum proposal is approved by a majority of
6-16 those voting on the question, the repeal is effective immediately
6-17 on official declaration of the result of the election, whether or
6-18 not the bill repealed took effect before the date of the election.
6-19 (i) This section is self-executing, but laws may be enacted
6-20 to facilitate its operation. However, no law may be enacted to
6-21 hamper, restrict, or impair the exercise of the power of
6-22 referendum.
6-23 SECTION 2. Article XVII, Texas Constitution, is amended by
6-24 adding Section 1A to read as follows:
6-25 Sec. 1A. In addition to the mode of amendment provided by
6-26 Section 1 of this article, the constitution may be amended by the
6-27 initiative procedure authorized by Section 1A, Article III, of this
7-1 constitution.
7-2 SECTION 3. This proposed constitutional amendment shall be
7-3 submitted to the voters at an election to be held November 4, 1997.
7-4 The ballot shall be printed to permit voting for or against the
7-5 proposition: "The constitutional amendment reserving to the people
7-6 the powers of initiative and referendum."