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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for certain ballot propositions and to |
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related procedures and provisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.072, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A proposition must substantially submit the question |
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with such definiteness, certainty, and facial neutrality that the |
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voters are not misled. |
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SECTION 2. Chapter 233, Election Code, is amended by adding |
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Section 233.0115 to read as follows: |
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Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court |
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orders a new election under Section 233.011, a person may seek from |
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the court a writ of mandamus to compel the governing body of a city |
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to comply with the requirement that a ballot proposition must |
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substantially submit the question with such definiteness, |
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certainty, and facial neutrality that the voters are not misled, as |
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provided by Section 273.102. |
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SECTION 3. Chapter 273, Election Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS |
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Sec. 273.101. REVIEW BY SECRETARY OF STATE. (a) Not later |
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than the seventh day after the date on which a home-rule city |
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publishes in the election order or by other means ballot |
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proposition language proposing an amendment to the city charter or |
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a voter-initiated initiative or referendum as requested by |
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petition, a registered voter eligible to vote in the election may |
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submit the proposition for review by the secretary of state. |
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(b) The secretary of state shall review the proposition not |
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later than the seventh day after the date the secretary receives the |
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submission to determine whether the proposition is misleading, |
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inaccurate, or prejudicial. |
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(c) If the secretary of state determines that the |
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proposition is misleading, inaccurate, or prejudicial, the city |
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shall draft a proposition to cure the defects and give notice of the |
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new proposition using the method of giving notice prescribed for |
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notice of an election under Section 4.003. |
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(d) A proposition drafted by a city under Subsection (c) to |
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cure the defects may be submitted to the secretary of state under |
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Subsection (a). If the secretary of state determines that the city |
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has drafted a proposition under Subsection (c) that is misleading, |
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inaccurate, or prejudicial, the secretary of state shall draft the |
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ballot proposition. |
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Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a |
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court of competent jurisdiction seeking a writ of mandamus to |
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compel the city's governing body to comply with the requirement |
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that a ballot proposition must substantially submit the question |
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with such definiteness, certainty, and facial neutrality that the |
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voters are not misled, the court shall make its determination |
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without delay and may order the city to use ballot proposition |
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language drafted by the court. |
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(b) The court may award a plaintiff or relator who |
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substantially prevails in a mandamus action described by Subsection |
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(a) the party's reasonable attorney's fees, expenses, and court |
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costs. |
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(c) Governmental immunity to suit is waived and abolished |
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only to the extent of the liability created by Subsection (b). |
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Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE. |
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Following a final nonappealable judgment containing a finding by a |
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court that a ballot proposition drafted by a city failed to |
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substantially submit the question with such definiteness, |
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certainty, and facial neutrality that the voters are not misled, |
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the city shall submit to the secretary of state for approval any |
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proposition to be voted on at an election held by the city before |
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the fourth anniversary of the court's finding. |
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Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES. |
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Notwithstanding a home-rule city charter provision to the contrary, |
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a city may not accept legal services relating to a proceeding under |
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this subchapter without paying fair market value for those |
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services. |
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SECTION 4. Chapter 277, Election Code, is amended by adding |
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Section 277.005 to read as follows: |
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Sec. 277.005. OBSTRUCTION OF PETITION-INITIATED ELECTION |
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PROHIBITED. (a) A political subdivision may not propose a measure, |
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including a charter amendment, that will appear on the same ballot |
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as a petition-initiated measure if: |
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(1) the two measures generally address the same |
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subject matter; or |
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(2) a provision of a proposed measure would invalidate |
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or conflict with any portion of a petition-initiated measure. |
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(b) A measure proposed by a political subdivision in |
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violation of this section is void if the measure is proposed not |
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earlier than the 180th day before the date the political |
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subdivision's secretary receives the petition under this chapter. |
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A political subdivision may be enjoined from proposing the measure. |
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SECTION 5. The changes in law made by this Act apply only to |
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a petition submitted on or after January 1, 2026. |
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SECTION 6. This Act takes effect September 1, 2025. |