By Culberson H.B. No. 2345
76R2215 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the form of certain ballot propositions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 52, Election Code, is
1-5 amended by adding Section 52.0721 to read as follows:
1-6 Sec. 52.0721. CERTAIN PROPOSITIONS IN HOME-RULE CITY. (a)
1-7 The wording of a proposition in a home-rule city in which the
1-8 measure to be voted on was initiated by a petition signed by voters
1-9 must be the same as the wording of the proposed proposition stating
1-10 the measure on the petition.
1-11 (b) If the wording of the proposition is not in the form
1-12 required by Subsection (a), a registered voter of the city may
1-13 bring an action for judicial relief in a district court of a county
1-14 in which the city is located. If the action is brought before the
1-15 date of the election, the court shall, if practicable, set a
1-16 hearing on the matter before the date of the election. The court
1-17 may issue an order:
1-18 (1) requiring the proposition to be in the form
1-19 required by Subsection (a);
1-20 (2) delaying the election until the proposition is in
1-21 the form required by Subsection (a); or
1-22 (3) invalidating the results of the election.
1-23 (c) If the court determines that the difference in wording
1-24 between the proposition and the proposed proposition on the
2-1 petition is necessary to correct a typographical or grammatical
2-2 error or is a minimal change in the form of the wording, the court
2-3 shall dismiss the action without granting relief.
2-4 SECTION 2. This Act takes effect September 1, 1999.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.