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Amend HB 53 by adding the following appropriately numbered
section to the bill:
SECTION ____. (a) In this section, "becomes law" has the
meaning assigned by Section 2001.006, Government Code, as added by
Chapter 558, Acts of the 76th Legislature, Regular Session, 1999.
(b) If a bill enacted by the 78th Legislature, 1st Called
Session, 2003, becomes law and adds, deletes, or changes a power or
duty of the governor, the governor and other persons may not give
effect to the addition, deletion, or change or any other provision
in that bill that is necessarily related to or contingent on that
addition, deletion, or change unless a proposition describing the
addition, deletion, or change and the other provision in accordance
with this section is approved by a majority of the voters voting at
a statewide election, as provided by Subsection (i) of this
section. For the purposes of this section, the former law is
continued in effect:
(1) before the addition, deletion, or change is
approved at the statewide election; and
(2) after the statewide election if the addition,
deletion, or change is not approved at the election.
(c) From among the bills enacted by the 78th Legislature,
1st Called Session, 2003, that become law, the secretary of state
shall identify:
(1) all additions, deletions, or changes made by those
bills to the powers and duties of the governor; and
(2) all provisions in those bills that are necessarily
related to or contingent on those additions, deletions, or changes
to the powers and duties of the governor.
(d) Using the information identified under Subsection (c)
of this section, the secretary of state shall prepare one or more
propositions that:
(1) are to be printed on the ballot of the statewide
election, as required by Subsection (i) of this section;
(2) are organized on the ballot under the heading
"Referendum Proposition No. 1"; and
(3) permit voters to vote for or against the
additions, deletions, or changes to the powers and duties of the
governor.
(e) Each proposition required by Subsection (d) of this
section must include:
(1) a brief description of the addition, deletion, or
change that may not be given effect unless the proposition is
approved at the election;
(2) a brief description of all necessarily related or
contingent provisions that may not be given effect unless the
proposition is approved at the election; and
(3) the number of the bill passed by the 78th
Legislature, 1st Called Session, 2003, that enacted the addition,
deletion, or change included in the proposition.
(f) The secretary of state may group or organize additions,
deletions, or changes to the powers and duties of the governor and
related provisions into propositions required by this section in
any manner that is coherent, efficient, and reasonable.
(g) In performing the secretary of state's duties under
Subsection (c) of this section and in preparing the propositions
required by this section, the secretary shall consult the
legislative legal staff that provides legal counseling and
legislative drafting services for the legislature.
(h) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect on the 91st day after the last day
of the legislative session.
(i) If this Act effect immediately, the propositions
prepared by the secretary of state in accordance with this section
shall be printed on the ballot for the statewide election to be held
September 13, 2003. If this Act does not take effect immediately,
the propositions prepared by the secretary of state in accordance
with this section shall be printed on the ballot for the statewide
election to be held November 4, 2003.