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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. |
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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 and 1B to read as 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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filing fee of $2,000, which is refundable if the proposed measure is |
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placed on the ballot, must be submitted to the secretary of state. |
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A proposed measure must be accompanied by the names and other |
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relevant information, as determined by the secretary of state, of |
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two voters who represent the petitioners. A proposed measure may |
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not contain more than one subject. After the secretary of state |
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validates the signatures on the petition in accordance with |
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Subsection (g), the secretary of state shall forward the petition |
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to the Texas Legislative Council. The Texas Legislative Council |
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shall advise the petitioner as to proper form and language and, with |
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the consent of the petitioner, may redraft the text of the measure |
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as necessary or desirable to achieve its purposes. If the Texas |
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Legislative Council determines that any provision of a proposed |
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statutory measure would be invalid under this constitution, the |
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Texas Legislative Council shall return the measure to the |
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petitioner accompanied by written reasons for the determination of |
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unconstitutionality. A measure determined to be unconstitutional |
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may not be forwarded to other state officers under Subsection (c) of |
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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 Legislative Budget Board 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 Legislative Budget Board shall prepare and |
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sign the fiscal note, attach it to the measure, and forward the |
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measure to the secretary of state. In the fiscal note, the |
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Legislative Budget Board shall outline the fiscal implications and |
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probable cost of the measure each year for the first five years |
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after its effective date and a statement as to whether there will be |
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costs involved thereafter. |
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(e) After receipt of a proposed measure from the Texas |
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Legislative Council or Legislative Budget Board, the secretary of |
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state shall issue to the petitioner approved copies of an |
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initiative petition proposing the measure in the number requested |
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not later than the 15th day after receiving the proposed measure |
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from the Texas Legislative Council or Legislative Budget Board. |
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The secretary of state may charge for each copy a reasonable fee to |
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cover the cost of reproduction. The secretary of state shall |
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prescribe standards of form and design for a petition. Each part of |
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a petition must include the full text of the proposed measure. |
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(f) An initiative petition that proposes a statutory |
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measure must be signed by a number of registered voters equal to at |
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least five percent of the total number of votes received by all |
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candidates for governor in the most recent gubernatorial general |
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election in each Texas Senate district as well as statewide. An |
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initiative petition that proposes a constitutional measure must be |
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signed by a number of registered voters equal to at least six |
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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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Texas Senate district as well as statewide. A signer may withdraw a |
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signature from a petition before the petition is filed following |
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the procedures provided by general law for the withdrawal of a |
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petition signature. |
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(g) To be certified as valid, a 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 365th day after the date the approved |
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copies are issued by the secretary of state. The secretary of state |
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shall review the petition to determine whether it is valid. The |
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secretary of state may use any reasonable statistical sampling |
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method as the basis for verification. The secretary of state shall |
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prescribe rules for the withdrawal of a petition, except that a |
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petition may not be withdrawn after the petition is filed with the |
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secretary of state. If the secretary of state determines that the |
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petition does not contain the required number of signatures, the |
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petitioners have 60 days after the date of that determination to |
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obtain additional signatures. The secretary of state shall |
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determine the validity of a petition not later than the 60th day |
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after the petition is filed. On determining that the petition |
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complies with this section, the secretary of state shall certify it |
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as valid and submit the proposed measure to the Texas Legislative |
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Council. |
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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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that occurs on or after the 180th day after the date the petition is |
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submitted to the secretary of state for certification. If the |
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measure is approved by a majority of those voting on the question, |
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the statutory change proposed by the measure takes effect according |
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to its terms. |
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(i) If a statutory measure proposed by petition becomes law, |
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it may be amended or repealed within five years after it takes |
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effect only on the record vote of two-thirds of the members elected |
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to each house. |
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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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that occurs on or after the 180th day after the date the petition is |
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submitted to the secretary of state for certification. If the |
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measure is approved by a 60 percent majority of those voting on the |
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question, the amendment proposed by the measure becomes a part of |
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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 reference in this section to the Texas Legislative |
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Council or Legislative Budget Board includes the entity's successor |
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in function. |
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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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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, including a bill relating to the composition of |
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districts for the election of members of a governmental body. It |
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extends to each bill in its entirety and not to 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 of state with a |
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filing fee of $2,000, which is refundable if the referendum is |
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placed on the ballot. The request must be filed not later than the |
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180th day after the date of final adjournment of the session in |
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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 of state may charge for each copy a |
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reasonable fee to cover the cost of reproduction. The petition must |
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include a citation of the bill, citations of any laws amended or |
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repealed by the bill, and a statement, not argumentative or |
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prejudicial, 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 governor in the most recent |
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gubernatorial general election in each Texas Senate district as |
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well as statewide. |
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(f) The secretary of state shall review the petition to |
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determine whether it is valid. The secretary of state may use any |
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reasonable statistical sampling method as the basis for |
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verification. On determining that the petition complies with this |
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section, the secretary of state shall certify it as valid and shall |
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submit the proposal to the voters at an election to be held on the |
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first Tuesday after the first Monday in November 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 |
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effect 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) 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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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 7, 2023. |
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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." |