| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requirements for trial in the contest of an election on |
|
|
a proposed constitutional amendment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 233.014, Election Code, is amended by |
|
|
amending Subsections (d), (f), and (h) and adding Subsection (g-1) |
|
|
to read as follows: |
|
|
(d) The trial date may not be [earlier than the 45th day |
|
|
after the date of the contested election nor] later than the 50th |
|
|
[180th] day after the date of the contested election. [The trial |
|
|
date may be earlier than the 45th day after the date of the |
|
|
contested election at the request of the contestant.] |
|
|
(f) The court shall include in its judgment in a contest an |
|
|
order directing the governor to declare the official result of the |
|
|
election or to declare the election void, as appropriate, not later |
|
|
than the fifth [10th] day after the trial date [the judgment becomes |
|
|
final]. |
|
|
(g-1) Any appeal of the contest must be filed not later than |
|
|
the fifth day after the date the judgment becomes final. |
|
|
(h) If a contestant files an appeal of the contest: |
|
|
(1) [,] the [appellate] court of appeals must ensure |
|
|
its judgment is rendered not later than the 30th day after the date |
|
|
the judgment of the trial court becomes final; and |
|
|
(2) the Texas Supreme Court must ensure that the |
|
|
action is brought to final disposition not later than the 30th |
|
|
[180th] day after the date the judgment of the court of appeals |
|
|
becomes final. |
|
|
SECTION 2. Section 233.014(e), Election Code, is repealed. |
|
|
SECTION 3. The changes in law made by this Act to Section |
|
|
233.014, Election Code: |
|
|
(1) apply to any contest of an election on a proposed |
|
|
constitutional amendment held on or after November 1, 2023; and |
|
|
(2) do not affect the validity of any action taken |
|
|
under prior law before the effective date of this Act. |
|
|
SECTION 4. This Act takes effect immediately if it 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 |
|
|
Act takes effect on the 91st day after the last day of the |
|
|
legislative session. |