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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of ballot proposition language for certain |
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political subdivision elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 52, Election Code, is |
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amended by adding Section 52.0721 to read as follows: |
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Sec. 52.0721. REVIEW OF BALLOT PROPOSITION LANGUAGE. (a) |
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This section applies only to an election on a measure held by a |
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political subdivision located primarily in a county with a |
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population of more than 120,000. This section does not apply to an |
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election for which a statute provides the ballot proposition |
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language. |
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(b) Not later than the 109th day before an election, a |
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political subdivision seeking to hold an election on a measure |
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shall submit to the regional presiding judge of the administrative |
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judicial region that the political subdivision is located in: |
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(1) the ballot proposition language; and |
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(2) a brief statement on the purpose of the |
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proposition. |
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(c) A political subdivision that is located in two or more |
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administrative judicial regions may select the administrative |
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judicial region to which the political subdivision submits the |
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proposition language for review. |
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(d) A judge receiving a submission under Subsection (b) |
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shall appoint three judges from the administrative judicial region |
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to serve on a panel to review the ballot proposition language before |
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the election may be held. |
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(e) If the panel finds the language of the proposition is |
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clear and understandable to the average voter, the panel shall |
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approve the language of the proposition for the ballot. |
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(f) If the panel finds the language of the proposition is |
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not clear and understandable to the average voter or does not make a |
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finding on the proposition language before the 31st day after the |
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date the panel is appointed, the language is disapproved and may not |
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be used on the ballot at the election. The panel may provide the |
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political subdivision with rewritten ballot proposition language |
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that is clear and understandable to the average voter for use in the |
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election. |
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(g) Following disapproval under Subsection (f), the |
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political subdivision may: |
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(1) hold the election with the rewritten ballot |
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proposition language provided by the panel; or |
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(2) submit revised ballot proposition language for |
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approval by the panel in the manner provided under Subsections (e) |
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and (f). |
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(h) To the extent of a conflict between this section and any |
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provision of law requiring a political subdivision to hold an |
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election on a measure within a certain period, this section |
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controls. |
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SECTION 2. The change in law made by this Act applies only |
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to an election ordered on or after the effective date of this Act. |
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An election ordered before the effective date of this Act is |
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governed by the law in effect when the election was ordered, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |