Floor Packet Page No. 246 Amend CSHB 3 by adding the following Article and renumber the remaining Articles appropriately:
ARTICLE ____REFERENDUM.SECTION____.01. LEGISLATIVE INTENT. It is the Legislature's strong intention that, though the legislature has rarely conducted a referendum on matters of statewide importance, the will of the people should be honored and take precedence over any prior constitutional rule of law given the nature of this particularly important issue in our state. SECTION____.02. REFERENDUM. On the September 10, 2005, uniform election date, the voters shall be permitted to vote in a referendum on the question of whether: "The voters of Texas should approve measures to provide property tax relief by reducing property taxes and raising revenue to offset that reduction as passed by the 79th Legislature in HB 3." SECTION____.03. BALLOT PROPOSITION. The ballot shall be printed to provide for voting for or against the proposition: "Approval of reduction in property taxes and the raising of revenue to offset that reduction, as passed by the 79th Legislature in HB 3." SECTION____.04. FORM OF THE BALLOT. The proposition shall be printed on the ballot beneath the proposed constitutional amendments under the heading: "Referendum Proposition." SECTION____.05. ELECTION PROCEDURE. (a) Notice of the election shall be given by in the same as provided by law for notice of proposed amendments to the Texas Constitution. (b) Returns of the votes cast on the proposition shall be prepared and canvassed in the same manner as the returns on proposed amendments to the Texas Constitution. (c) Immediately after the results of the election are certified by the Governor, the Secretary of State shall transmit a copy of the certification to the Lieutenant Governor and the Speaker of the House of Representatives. SECTION ____.06. EFFECT OF ELECTION. The measures to provide property tax relief by reducing property taxes and raising revenue to offset that reduction, as passed by the 79th Legislature in HB 3, may not be implemented or enforced if a majority of the votes cast in the referendum under this article are against the proposition. SECTION ____.07. CONSTRUCTION OF THE ACT. (a) Except as provided in subsection (b), the rules of construction stated in Section 311.032, Government Code, apply to the construction of this Act. (b) If a majority of votes cast in the referendum opposes the proposition and subsequently the portions of this article requiring a referendum is held invalid by a final judgement of a court of competent jurisdiction, this Act expires on the date on which the judgement of the court becomes final.