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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 does not apply to an election for which a statute |
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provides the ballot proposition language. |
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(b) A political subdivision seeking to hold an election on a |
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measure shall submit to the attorney general: |
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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) On receiving a submission under Subsection (b), the |
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attorney general shall review the ballot proposition language |
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before the election may be held. |
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(d) If the attorney general finds the proposition is |
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consistent with state law, the attorney general shall approve the |
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language of the proposition for the ballot. |
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(e) If the attorney general finds the proposition is not |
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consistent with state law, the attorney general shall disapprove |
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the language of the proposition. Language that has been |
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disapproved under this subsection may not be used on the ballot at |
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the election. |
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(f) If the attorney general does not approve or disapprove |
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the language of a proposition before the 40th day after the |
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proposition was submitted, the proposition is approved for use on |
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the ballot. |
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(g) If a proposition is disapproved under Subsection (e), |
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the political subdivision that submitted the proposition may submit |
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alternate language in the same manner as the initial submission. |
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(h) A political subdivision may not submit a proposition or |
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alternate language under this section after the 120th day before |
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the date of the election. |
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(i) 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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(j) The attorney general may adopt rules to implement this |
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section. |
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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, 2023. |