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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for trial in the contest of an election on |
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a proposed constitutional amendment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 233.014, Election Code, is amended by |
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amending Subsections (d), (f), and (h) and adding Subsection (g-1) |
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to read as follows: |
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(d) The trial date may not be [earlier than the 45th day |
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after the date of the contested election nor] later than the 50th |
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[180th] day after the date of the contested election. [The trial |
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date may be earlier than the 45th day after the date of the |
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contested election at the request of the contestant.] |
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(f) The court shall include in its judgment in a contest an |
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order directing the governor to declare the official result of the |
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election or to declare the election void, as appropriate, not later |
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than the fifth [10th] day after the trial date [the judgment becomes |
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final]. |
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(g-1) Any appeal of the contest must be filed not later than |
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the fifth day after the date the judgment becomes final. |
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(h) If a contestant files an appeal of the contest: |
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(1) [,] the [appellate] court of appeals must ensure |
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its judgment is rendered not later than the 30th day after the date |
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the judgment of the trial court becomes final; and |
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(2) the Texas Supreme Court must ensure that the |
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action is brought to final disposition not later than the 30th |
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[180th] day after the date the judgment of the court of appeals |
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becomes final. |
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SECTION 2. Section 233.014(e), Election Code, is repealed. |
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SECTION 3. The changes in law made by this Act to Section |
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233.014, Election Code: |
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(1) apply to any contest of an election on a proposed |
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constitutional amendment held on or after November 1, 2023; and |
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(2) do not affect the validity of any action taken |
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under prior law before the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |