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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements and procedures in the contest of an |
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election on 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 (c), (d), (f), and (h) and adding Subsection |
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(c-1) to read as follows: |
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(c) The filing of an election contest does not suspend |
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implementation of a constitutional amendment that was approved by |
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the majority of the votes cast [The declaration of the official |
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result of a contested election may not be made until the contest is |
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finally determined. The secretary of state shall tabulate the |
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county returns and the governor shall announce the final vote |
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count, as ascertained from the returns, in a written document. The |
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document announcing the final vote count must state that a contest |
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of the election has been filed and that the declaration of the |
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official result will not be made until the contest is finally |
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determined]. |
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(c-1) The trial court must ensure that a written ruling on a |
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pretrial motion before the court is entered not later than the 30th |
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day after the date the motion is filed. |
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(d) The trial date may not be earlier than the 45th day after |
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the date of the contested election except [nor later than the 180th |
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day after the date of the contested election. The trial date may be |
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earlier than the 45th day after the date of the contested election] |
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at the request of the contestant. The trial court must ensure the |
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judgment of the court is not filed later than the 180th day after |
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the date of the contested election. |
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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 valid or void, as appropriate, |
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not later than the 10th day after the date the judgment becomes |
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final. |
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(h) If a contestant files an appeal of the contest, the |
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appellate court must ensure that the action is brought to final |
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disposition not later than the 60th [180th] day after the date the |
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judgment becomes final. |
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SECTION 2. The changes in law made by this Act apply to a |
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contest of a constitutional amendment election filed on or after |
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the effective date of this Act. A contest of a constitutional |
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amendment election filed before the effective date of this Act is |
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governed by the law in effect on the date that the suit is filed, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |