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."