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A JOINT RESOLUTION
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proposing a constitutional amendment regarding certain actions |
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involving the conduct of elections and the powers of the |
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legislature to file certain actions against the governor and other |
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state officials. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Article V, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) The Supreme Court shall exercise the judicial power of |
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the state except as otherwise provided in this Constitution. Its |
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jurisdiction shall be co-extensive with the limits of the State and |
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its determinations shall be final except in criminal law matters. |
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Its appellate jurisdiction shall be final and shall extend to all |
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cases except in criminal law matters and as otherwise provided in |
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this Constitution or by law. The Supreme Court and the Justices |
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thereof shall have power to issue writs of habeas corpus, as may be |
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prescribed by law, and under such regulations as may be prescribed |
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by law, the [said] courts and the Justices thereof may issue the |
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writs of mandamus, procedendo, certiorari and such other writs, as |
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may be necessary to enforce its jurisdiction. |
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(a-1) Except as provided by Subsection (a-2) of this |
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section, the [The] Legislature may confer original jurisdiction on |
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the Supreme Court to issue writs of quo warranto and mandamus in |
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such cases as may be specified, except as against the Governor [of |
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the State]. |
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(a-2) A member of the Legislature has standing to |
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participate as a party in a suit against the Governor or other state |
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official for a violation of any law related to the conduct of |
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elections, including an action for a writ of mandamus to compel the |
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Governor or other state official to comply with a law related to the |
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conduct of elections. The Supreme Court has original jurisdiction |
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of a suit brought under this subsection and shall give preference to |
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such a suit. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 2, 2021. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment regarding certain |
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actions involving the conduct of elections and the powers of the |
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legislature to file certain actions against the governor and other |
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state officials." |