By Nelson                                               S.B. No. 28
         76R1198 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to enabling legislation for the powers of initiative and
 1-3     referendum.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 16, Election Code, is amended by adding
 1-6     Chapter 278 to read as follows:
 1-7                  CHAPTER 278.  INITIATIVE AND REFERENDUM 
 1-8           Sec. 278.001.  APPLICABILITY.  This chapter applies only to a
 1-9     statutory or constitutional measure proposed under Section 1A,
1-10     Article III, Texas Constitution, or a referendum to repeal a bill
1-11     under Section 1B, Article III, Texas Constitution.
1-12           Sec. 278.002.  FILING FEES.  (a)  The filing fee for a
1-13     proposed statutory or constitutional measure is $500.
1-14           (b)  The filing fee for a referendum to repeal a bill is
1-15     $250.
1-16           Sec. 278.003.  ACTION ON PROPOSED STATUTORY OR CONSTITUTIONAL
1-17     MEASURE.  (a)  The attorney general shall make a determination on
1-18     the constitutionality of a proposed statutory measure not later
1-19     than the 30th day after the date the measure is submitted.
1-20           (b)  The attorney general shall submit a proposed measure
1-21     that is not unconstitutional to the comptroller or the secretary of
1-22     state, as appropriate, not later than the 30th day after the date
1-23     the proposed measure is submitted.
1-24           (c)  The comptroller shall submit a proposed measure and a
 2-1     fiscal note required for the measure to the secretary of state not
 2-2     later than the 15th day after the date the comptroller receives the
 2-3     proposed measure from the attorney general.
 2-4           (d)  The secretary of state shall issue approved copies of an
 2-5     initiative petition not later than the 10th day after the date the
 2-6     secretary receives a proposed measure from the attorney general or
 2-7     the comptroller.
 2-8           Sec. 278.004.  ACTION ON REFERENDUM TO REPEAL BILL.  The
 2-9     secretary of state shall issue copies of a petition proposing
2-10     repeal of a bill not later than the 10th day after the date a
2-11     request for a petition is received.
2-12           Sec. 278.005.  VERIFYING SIGNATURES BY STATISTICAL SAMPLE.
2-13     The sample prescribed by Section 141.069 applies to a petition for
2-14     a measure or referendum under this chapter.
2-15           Sec. 278.006.  PUBLIC HEARING.  (a)  The secretary of state
2-16     shall hold a public hearing in Austin to publicize each measure or
2-17     referendum that is to be decided in an election.
2-18           (b)  At the hearing, the secretary of state shall allow the
2-19     sponsors of a measure or referendum to make a presentation.  The
2-20     secretary shall also allow other interested persons to comment on
2-21     the proposed measure or referendum.
2-22           (c)  The hearing may not be held earlier than the 150th day
2-23     or later than the 65th day before the date of the election.
2-24           SECTION 2.  This Act takes effect on the date on which the
2-25     constitutional amendment proposed by the 76th Legislature, Regular
2-26     Session, 1999, authorizing the use of initiative and referendum, is
2-27     approved by the voters.  If that amendment is not approved by the
 3-1     voters, this Act has no effect.
 3-2           SECTION 3.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended.