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."