Bill Text: TX SB488 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to requirements for certain petitions requesting an election and ballot propositions.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2017-05-18 - Committee report sent to Calendars [SB488 Detail]

Download: Texas-2017-SB488-Comm_Sub.html

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By: Bettencourt, et al. S.B. No. 488
(In the Senate - Filed January 13, 2017; February 6, 2017,
read first time and referred to Committee on Intergovernmental
Relations; March 30, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 1;
March 30, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 488 By: Bettencourt

A BILL TO BE ENTITLED
AN ACT
relating to requirements for certain petitions requesting an
election and ballot propositions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.072, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) A proposition must substantially submit the question
with such definiteness and certainty that the voters are not
misled.
SECTION 2. Chapter 233, Election Code, is amended by adding
Section 233.0115 to read as follows:
Sec. 233.0115. BALLOT LANGUAGE MANDAMUS ACTION. If a court
orders a new election under Section 233.011, a person may seek from
the court a writ of mandamus to compel the governing body of a city
to comply with the requirement that a ballot proposition must
substantially submit the question with such definiteness and
certainty that the voters are not misled, as provided by Section
273.102.
SECTION 3. Section 253.094(b), Election Code, is amended to
read as follows:
(b) A corporation or labor organization may not make a
political contribution in connection with a recall election,
including the circulation and submission of a petition to call an
election. This subsection does not prohibit a religious
organization from circulating or submitting a petition in
connection with a recall election.
SECTION 4. Chapter 273, Election Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
Sec. 273.101. REVIEW BY SECRETARY OF STATE. (a) Not later
than the seventh day after the date on which a home-rule city
publishes in the election order or by other means ballot
proposition language proposing an amendment to the city charter or
a voter-initiated initiative or referendum as requested by
petition, a registered voter eligible to vote in the election may
submit the proposition for review by the secretary of state.
(b) The secretary of state shall review the proposition not
later than the seventh day after the date the secretary receives the
submission to determine whether the proposition is misleading or
inaccurate.
(c) If the secretary of state determines that the
proposition is misleading or inaccurate, the city shall draft a
proposition to cure the defects and give notice of the new
proposition using the method of giving notice prescribed for notice
of an election under Section 4.003.
(d) A proposition drafted by a city under Subsection (c) to
cure the defects may be submitted to the secretary of state under
Subsection (a). If the secretary of state determines that the city
has on its third attempt drafted a proposition that is misleading or
inaccurate, the secretary of state shall draft the ballot
proposition.
Sec. 273.102. MANDAMUS ACTIONS. (a) In an action in a
court of competent jurisdiction seeking a writ of mandamus to
compel the city's governing body to comply with the requirement
that a ballot proposition must substantially submit the question
with such definiteness and certainty that the voters are not
misled, the court shall make its determination without delay and
may order the city to use ballot proposition language drafted by the
court.
(b) The court may award a plaintiff or relator who
substantially prevails in a mandamus action described by Subsection
(a) the party's reasonable attorney's fees, expenses, and court
costs.
(c) Governmental immunity to suit is waived and abolished
only to the extent of the liability created by Subsection (b).
Sec. 273.103. MANDATORY SUBMISSION TO SECRETARY OF STATE.
Following a final nonappealable judgment containing a finding by a
court that a ballot proposition drafted by a city failed to
substantially submit the question with such definiteness and
certainty that the voters are not misled, the city shall submit to
the secretary of state for approval any proposition to be voted on
at an election held by the city before the fourth anniversary of the
court's finding.
Sec. 273.104. CITY REQUIRED TO PAY FOR LEGAL SERVICES.
Notwithstanding a home-rule city charter provision to the contrary,
a city may not accept legal services relating to a proceeding under
this subchapter without paying fair market value for those
services.
SECTION 5. Sections 277.001, 277.002, 277.0021, 277.0022,
277.0023, 277.0024, and 277.003, Election Code, are designated as
Subchapter A, Chapter 277, Election Code, and a heading is added to
Subchapter A to read as follows:
SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND
VERIFICATION OF PETITIONS
SECTION 6. Section 277.001, Election Code, is amended to
read as follows:
Sec. 277.001. APPLICABILITY OF SUBCHAPTER [CHAPTER]. This
subchapter [chapter] applies to a petition authorized or required
to be filed under a law outside this code in connection with an
election.
SECTION 7. Section 277.002, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The illegibility of a signature on a petition submitted
to a home-rule city is not a valid basis for invalidating the
signature if the information provided with the signature as
required by this section and other applicable law legibly provides
enough information to demonstrate that the signer:
(1) is eligible to have signed the petition; and
(2) signed the petition on or after the 180th day
before the date the petition was filed.
SECTION 8. Subchapter A, Chapter 277, Election Code, as
added by this Act, is amended by adding Section 277.005 to read as
follows:
Sec. 277.005. PETITION FORM; USE BY CITY AND OTHER PERSONS.
(a) The secretary of state shall prescribe a form, content, and
procedure for a petition.
(b) A home-rule city that uses a form that is different from
the official form prescribed under Subsection (a) may not
invalidate a petition because the petition does not contain
information that the petition form failed to provide for or to
require to be provided.
(c) A person who circulates or submits a petition is not
required to use a petition form prescribed by the secretary of state
or a home-rule city. A petition that does not use an officially
prescribed form must contain the substantial elements required to
be provided on the officially prescribed form.
SECTION 9. Chapter 277, Election Code, is amended by adding
Subchapter B to read as follows:
SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS
Sec. 277.031. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a home-rule city that has a procedure requiring the
governing body of the city to hold an election on receipt of a
petition requesting the election that complies with the applicable
requirements.
Sec. 277.032. CONFLICTS WITH CITY CHARTER OR OTHER LAW. The
provisions of this subchapter apply notwithstanding any city
charter provision or other law.
Sec. 277.033. DETERMINATION OF VALIDITY. The city
secretary shall determine the validity of a petition submitted
under this subchapter, including by verifying the petition
signatures, not later than the 30th day after the date the city
receives the petition.
Sec. 277.034. COLLECTOR REQUIREMENTS PROHIBITED.
(a) Except as provided by Subsection (b), a city may not restrict
who may collect petition signatures.
(b) A city may require a person who collects petition
signatures to be a resident of the city. This subsection does not
authorize a city to require a person who collects petition
signatures to be a registered voter.
SECTION 10. Sections 9.004(a) and (c), Local Government
Code, are amended to read as follows:
(a) The governing body of a municipality on its own motion
may submit a proposed charter amendment to the municipality's
qualified voters for their approval at an election. The governing
body shall submit a proposed charter amendment to the voters for
their approval at an election if the submission is supported by a
petition signed by a number of registered [qualified] voters of the
municipality equal to at least five percent of the number of
registered [qualified] voters of the municipality on the date of
the most recent election held throughout the municipality or
20,000, whichever number is the smaller.
(c) Notice of the election shall be published in a newspaper
of general circulation published in the municipality. The notice
must:
(1) include a substantial copy of the proposed
amendment in which language sought to be deleted by the amendment is
bracketed and stricken through and language sought to be added by
the amendment is underlined;
(2) include an estimate of the anticipated fiscal
impact to the municipality if the proposed amendment is approved at
the election; and
(3) be published on the same day in each of two
successive weeks, with the first publication occurring before the
14th day before the date of the election.
SECTION 11. Section 277.004, Election Code, is repealed.
SECTION 12. Not later than January 1, 2018, the secretary of
state shall adopt a petition form as required by Section 277.005,
Election Code, as added by this Act.
SECTION 13. The changes in law made by this Act apply only
to a petition submitted on or after January 1, 2018.
SECTION 14. This Act takes effect September 1, 2017.
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