By: Cain S.J.R. No. 8
97S0053/1 11/27/96
JOINT RESOLUTION
1-1 proposing a constitutional amendment to provide for submitting
1-2 certain legislation to the voters for their approval.
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 adding Section 39a to read as follows:
1-6 Sec. 39a. (a) In addition to amendments to this
1-7 constitution, the legislature may submit a proposed statute to the
1-8 voters and make the enactment of the statute into law subject to
1-9 the approval of the voters.
1-10 (b) The legislature may submit alternative proposals for a
1-11 statute and provide that the measure receiving the highest number
1-12 of votes in the election held on the issue shall prevail over any
1-13 other, provided that in all cases a measure must receive at least a
1-14 majority of the votes cast in the election in order to be adopted.
1-15 (c) A statute or statutes to be submitted to the voters must
1-16 be approved by a vote of two-thirds of all the members elected to
1-17 each house of the legislature, entered by yeas and nays on the
1-18 journals.
1-19 (d) A measure submitted to the voters under this section
1-20 shall not be subject to veto by the governor.
1-21 (e) A brief explanatory statement of the proposed statute,
1-22 together with the date of the election and the wording of the
1-23 proposition as it is to appear on the ballot, shall be published in
1-24 the same manner as the statements required for proposed amendments
2-1 to this constitution.
2-2 (f) The election on proposed statutes submitted to the
2-3 voters under this section shall be held on the first Tuesday of
2-4 November. The election shall be held in accordance with the
2-5 procedures established by the legislature for voting on proposed
2-6 amendments to this constitution, and the returning officer in each
2-7 county shall make returns to the secretary of state of the number
2-8 of legal votes cast at the election for and against each proposed
2-9 statute. If it appears from the returns that a majority of the
2-10 votes cast have been cast in favor of a statute, proclamation
2-11 thereof shall be made by the governor, and the statute shall become
2-12 law under its own terms.
2-13 (g) During the first five years after the adoption of a
2-14 statute by the voters under this section, a two-thirds vote of the
2-15 members of both houses of the legislature shall be required to
2-16 amend or repeal the statute.
2-17 SECTION 2. This proposed constitutional amendment shall be
2-18 submitted to the voters at an election to be held November 4, 1997.
2-19 The ballot shall be printed to permit voting for or against the
2-20 proposition: "The constitutional amendment allowing voters to
2-21 approve or disapprove proposed statutes submitted to them by the
2-22 legislature."