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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.