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A JOINT RESOLUTION
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proposing a constitutional amendment to reserve to the people the |
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powers of initiative and referendum; authorizing new fees. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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amending Section 1 and adding Sections 1A, 1B, and 1C to read as |
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follows: |
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Sec. 1. Subject to Sections 1A and 1B of this article, the |
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[The] Legislative power of this State shall be vested in a Senate |
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and House of Representatives, which together shall be styled "The |
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Legislature of the State of Texas." |
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Sec. 1A. (a) The people reserve to themselves the power to |
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propose statutory and constitutional measures by petition for |
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submission to the electorate and to have those measures enacted as |
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provided by this section. This power is known as the initiative. |
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(b) A proposed statutory or constitutional measure and a |
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good faith filing fee established by the secretary of state to |
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reasonably cover administrative costs must be submitted to the |
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Texas Legislative Council. A proposed measure may not contain more |
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than one subject. The Texas Legislative Council shall advise the |
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petitioner as to proper form and language and, with the consent of |
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the petitioner, may redraft the text of the measure as necessary or |
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desirable to achieve its purposes. If the Texas Legislative |
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Council determines that any provision of a proposed statutory |
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measure would be invalid under this constitution, or if the measure |
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requires funding but does not contain a new source of revenue, the |
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Texas Legislative Council shall return the measure to the |
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petitioner accompanied by written reasons for that determination. |
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A measure determined to be unconstitutional or that does not |
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include the required source of revenue may not be forwarded to other |
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state officers under Subsection (c) of this section. |
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(c) If the Texas Legislative Council determines that the |
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proposed measure authorizes or requires the expenditure or |
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diversion of any state funds, the Texas Legislative Council shall |
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forward the measure to the comptroller of public accounts for the |
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preparation of a fiscal note. Otherwise, the Texas Legislative |
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Council shall forward the measure to the secretary of state. |
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(d) After receipt of a proposed measure from the Texas |
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Legislative Council, the comptroller shall prepare and sign the |
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fiscal note, attach it to the measure, and forward the measure to |
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the secretary of state. In the fiscal note, the comptroller shall |
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outline the fiscal implications and probable cost of the measure |
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each year for the first five years after its effective date and |
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include a statement as to whether there will be costs involved |
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thereafter. |
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(e) Not later than the 15th day after receipt of a proposed |
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measure from the Texas Legislative Council or comptroller, the |
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secretary of state shall issue to the petitioner approved copies of |
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an initiative petition proposing the measure in the number |
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requested. The secretary may charge for each copy a reasonable fee |
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to cover the cost of reproduction. The secretary shall prescribe |
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standards of form and design for a petition. Each part of a |
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petition must include the full text of the proposed measure. |
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(f) An initiative petition that proposes a measure must be |
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signed by a number of registered voters equal to at least five |
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percent of the total number of votes received by all candidates for |
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governor in the most recent gubernatorial general election in each |
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of the state senate districts as well as statewide. |
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(g) To be certified as valid, the petition containing the |
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required number of signatures must be filed with the secretary of |
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state not later than the second anniversary of the date the approved |
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copies are issued by the secretary. Not later than the 60th day |
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after the date a petition is filed, the secretary shall review the |
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petition and determine whether it is valid. The secretary may use |
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any reasonable statistical sampling method as the basis for |
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verification. If the secretary determines that the petition does |
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not contain the required number of signatures, the petitioners have |
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60 days after the date of that determination to obtain additional |
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signatures. On determining that the petition complies with this |
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section, the secretary shall certify it as valid. |
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(h) If a certified petition proposes a statutory measure, |
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the secretary of state shall submit the question of approval or |
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disapproval of the measure to the voters of the state at an election |
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to be held on the first Tuesday after the first Monday in November |
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of an even-numbered year that occurs on or after the 150th day after |
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the date the petition is submitted to the secretary of state for |
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certification. If the measure is approved by a majority of those |
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voting on the question, the statutory change proposed by the |
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measure takes effect according to its terms. |
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(i) Except as provided by Section 1C of this article, a |
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statutory measure proposed by petition that becomes law may be |
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amended or repealed only by another statutory measure proposed |
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under this section. |
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(j) If a certified petition proposes a constitutional |
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measure, the secretary of state shall submit the question of |
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approval or disapproval of the measure to the voters at an election |
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to be held on the first Tuesday after the first Monday in November |
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of an even-numbered year that occurs on or after the 150th day after |
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the date the petition is submitted to the secretary of state for |
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certification. If the measure is approved by a majority of those |
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voting on the question, the amendment proposed by the measure |
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becomes a part of the constitution. |
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(k) The secretary of state shall prepare the ballot |
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proposition for a measure proposed by initiative. The proposition |
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must be descriptive but not argumentative or prejudicial. The |
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provisions of this constitution and of law that apply to |
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publication of constitutional amendments proposed under Section 1, |
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Article XVII, of this constitution apply to the publication of |
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measures proposed under this section. |
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(l) A person circulating a petition for signatures under |
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this section may receive compensation for that activity. |
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(m) This section is self-executing, but laws may be enacted |
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to facilitate its operation. However, no law may be enacted to |
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hamper, restrict, or impair the exercise of the power of |
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initiative. |
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(n) To the extent of any conflict between two proposed |
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statutory measures approved at the same election, the measure |
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receiving the greatest number of votes in favor of the measure |
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controls. To the extent of any conflict between two proposed |
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constitutional measures approved at the same election, the measure |
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receiving the greatest number of votes in favor of the measure |
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controls. |
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Sec. 1B. (a) The people reserve to themselves the power by |
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petition and election to repeal statutes enacted by the legislature |
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as provided by this section. This power is known as the referendum. |
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(b) The referendum power extends, as provided by this |
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section, to any bill enacted during a regular or special session of |
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the legislature. It extends to each bill in its entirety and not to |
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a part of the bill. |
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(c) A written request for a petition proposing the repeal of |
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a bill enacted by the legislature must be submitted to the secretary |
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of state in a form prescribed by the secretary with a good faith |
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filing fee established by the secretary of state to reasonably |
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cover administrative costs. The request must be filed not later |
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than the 180th day after the date of final adjournment of the |
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session in which the bill is enacted. |
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(d) The secretary of state shall prepare and issue, in the |
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number requested, approved copies of a petition proposing repeal of |
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the bill. The secretary may charge for each copy a reasonable fee |
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to cover the cost of reproduction. The petition must include a |
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citation of the bill, citations of any laws amended or repealed by |
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the bill, and a statement, not argumentative or prejudicial, |
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briefly describing the effect of the bill. |
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(e) To be certified as valid, a referendum petition must be |
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filed with the secretary of state not later than the 180th day after |
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the date of its issuance and must be signed by a number of |
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registered voters equal to at least five percent of the total number |
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of votes received by all candidates for president in the most recent |
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presidential general election in each of the state senate districts |
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as well as statewide. |
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(f) Not later than the 60th day after the date a petition is |
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filed, the secretary of state shall review the petition and |
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determine whether it is valid. The secretary may use any reasonable |
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statistical sampling method as the basis for verification. If the |
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secretary determines that the petition does not contain the |
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required number of signatures, the petitioners have 60 days after |
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the date of that determination to obtain additional signatures. On |
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determining that the petition complies with this section, the |
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secretary shall certify it as valid and shall submit the proposal to |
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the voters at an election to be held on the first Tuesday after the |
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first Monday in November of an even-numbered year that occurs on or |
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after the 45th day after the date the petition is submitted. The |
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ballot shall be printed to permit voting for or against the |
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proposition: "Repeal of .B. No. , which (brief statement of effect |
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of bill)." |
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(g) The provisions of this constitution and of law that |
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apply to publication of constitutional amendments proposed under |
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Section 1, Article XVII, of this constitution apply to the |
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publication of a referendum proposal. |
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(h) If a referendum proposal is approved by a majority of |
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those voting on the question, the repeal is effective immediately |
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on official declaration of the result of the election, whether or |
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not the bill repealed took effect before the date of the election. |
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(i) A person circulating a petition for signatures under |
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this section may receive compensation for that activity. |
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(j) This section is self-executing, but laws may be enacted |
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to facilitate its operation. However, no law may be enacted to |
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hamper, restrict, or impair the exercise of the power of |
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referendum. |
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Sec. 1C. The legislature may consider any measure approved |
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at an election held under Section 1A of this article or any |
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referendum proposal approved under Section 1B of this article. If, |
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on consideration, the measure or proposal is disapproved by |
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two-thirds of the membership of each house and by the governor, the |
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measure or proposal is repealed. |
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SECTION 2. Article XVII, Texas Constitution, is amended by |
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adding Section 1A to read as follows: |
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Sec. 1A. In addition to the mode of amendment provided by |
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Section 1 of this article, the constitution may be amended by the |
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initiative procedure authorized by Section 1A, Article III, of this |
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constitution. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2019. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment reserving to the people |
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the powers of initiative and referendum." |