By ____________________                             __J.R. No. ____
         76R6553 E                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment to reserve to the people the
 1-2     powers of initiative.
 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 Section 1A to read as follows:
 1-6           Sec. 1.   Subject to Section 1A of this article, the [The]
 1-7     Legislative power of this State shall be vested in a Senate and
 1-8     House of Representatives, which together shall be styled "The
 1-9     Legislature of the State of Texas."
1-10           Sec. 1A.   (a)  The people reserve to themselves the power to
1-11     propose statutory and constitutional measures by petition for
1-12     submission to the electorate and to have those measures enacted as
1-13     provided by this section. This power is known as the initiative.
1-14     Just as the Legislature cannot make laws abrogating rights
1-15     guaranteed to individual citizens by the United States
1-16     Constitution, neither can citizens using the initiative.
1-17           (b)  An initiative measure shall be limited to a single
1-18     subject, with this limitation always to be interpreted in the least
1-19     restrictive manner.
1-20           (c)  A proposed statutory or constitutional measure and a
1-21     good faith filing fee of $100 must be submitted to the Attorney
1-22     General. The Attorney General shall advise the Proponents within 30
1-23     days as to proper form and language, separate the initiative into
 2-1     single subjects, and render an opinion as to the constitutionality
 2-2     of the measures. With the consent of the Proponents, the Attorney
 2-3     General may redraft the text of the measure to achieve the
 2-4     Proponents' purpose.
 2-5           (d)  If the Attorney General determines that the proposed
 2-6     measure authorizes or requires the expenditure or diversion of any
 2-7     state funds, not later than the 30th day after the date the measure
 2-8     is submitted, the Attorney General shall forward the measure to the
 2-9     Comptroller of Public Accounts for the preparation of a fiscal
2-10     note. Otherwise, the Attorney General shall forward the measure by
2-11     that deadline to the Secretary of State.
2-12           (e)  Not later than the 15th day after the date of receipt of
2-13     a proposed measure from the Attorney General, the Comptroller shall
2-14     prepare and sign the fiscal note which outlines the fiscal
2-15     implications and probable cost of the measure each year for the
2-16     first five years after its effective date and contains a statement
2-17     as to whether there will be costs involved thereafter, attach the
2-18     note to the measure, and send a copy to the Proponents and the
2-19     Secretary of State.
2-20           (f)  Not later than the 10th day after the date of receipt of
2-21     a proposed measure from the Attorney General or Comptroller, the
2-22     Secretary of State shall issue to the Proponents an approved copy
2-23     of an initiative petition proposing the measure. Failure of the
2-24     Attorney General as to form or single subject shall not be
2-25     reviewable by courts. The Secretary of State shall prescribe
 3-1     standards of form and design for a petition that are easy for
 3-2     petitioners to use. Each part of a petition must include the full
 3-3     text of the proposed measure.  Rules for circulation, if any, shall
 3-4     be for the purpose of facilitating petition signature gathering.
 3-5           (g)  A statutory initiative petition must be signed by a
 3-6     number of registered voters equal to at least four percent of the
 3-7     total number of votes received by all candidates for governor in
 3-8     the most recent gubernatorial general election in each of at least
 3-9     half of the State Senate districts as well as statewide.  A
3-10     Constitutional initiative petition must be signed by registered
3-11     voters equal to six percent of such votes.
3-12           (h)  To be certified as valid, the required number of
3-13     signatures must be filed with the Secretary of State not later than
3-14     the 365th day after the date the approved copies are issued by the
3-15     Secretary of State.  The Secretary shall, within 60 days, review
3-16     the petition to determine whether it has sufficient valid
3-17     signatures.  The Secretary may use any reasonable statistical
3-18     sampling method as the basis for verification.  If sufficient
3-19     signatures have been collected, the Secretary of State shall notify
3-20     immediately by telephone and in writing the Proponents of the
3-21     determination.  If the Secretary of State determines that the
3-22     petition does not contain the required number of signatures, the
3-23     Proponents shall have 60 days after the date of that determination
3-24     to obtain additional signatures.  On determining that the petition
3-25     complies with this section, the Secretary of State shall certify it
 4-1     as valid.  Costs for signature verification shall be a cost of
 4-2     state government.
 4-3           (i)  After an initiative measure is certified, the Secretary
 4-4     of State shall publish, within ten (10) days, ballot proposition
 4-5     wording for the measure.  The proposition wording must be
 4-6     descriptive but not argumentative or prejudicial and must have the
 4-7     written approval of the Proponents.  Unless otherwise provided for
 4-8     herein, the provisions of this Constitution that apply to
 4-9     publication of constitutional amendments proposed under Section 1,
4-10     Article XVII, of this Constitution apply to the publication of
4-11     measures proposed under this section.
4-12           (j)  The Secretary of State shall submit each certified
4-13     measure to the voters of the state for approval or disapproval at
4-14     the next statewide general election held in November of
4-15     even-numbered years 150 days following certification.  Any measure
4-16     approved by a majority of those voting on the question takes effect
4-17     according to its terms.  Any measure passed by the People may be
4-18     modified only by a vote of the People.
4-19           (k)  If there are certified petition measures on the ballot
4-20     with competing provisions and the voters approve more than one
4-21     measure, each approved measure becomes law limited only by the
4-22     extent to which its provisions do not compete with provisions in a
4-23     measure receiving more affirmative votes.
4-24           (l)  After a measure is certified for the ballot, full and
4-25     prompt disclosure of all spending for and against the measure is to
 5-1     be made to the Texas Ethics Commission.
 5-2           (m)  This section is self-executing, but laws may be enacted
 5-3     to facilitate its operation.  However, no law may be enacted to
 5-4     hamper, restrict, or impair the exercise of the power of
 5-5     initiative.
 5-6           (n)  If a proposal or enacted initiative is subject to a
 5-7     legal challenge, the proponents of the measure shall have standing
 5-8     to defend the measure.  The proponents shall be reimbursed for
 5-9     their legal fees in defending their measure.
5-10           SECTION 2.  Article XVII, Texas Constitution, is amended by
5-11     adding Section 1A to read as follows:
5-12           Sec. 1A.  In addition to the mode of amendment provided by
5-13     Section 1 of this article, the Constitution may be amended by the
5-14     initiative procedure authorized by Section 1, Article III, of this
5-15     Constitution.
5-16           SECTION 3.  This proposed constitutional amendment shall be
5-17     submitted to the voters at an election to be held November 7, 2000.
5-18     The ballot shall be printed to permit voting for or against the
5-19     proposition:  "The constitutional amendment reserving to the people
5-20     the power of initiative."