89R8551 LRM-D     By: Goodwin H.J.R. No. 198       A JOINT RESOLUTION   proposing a constitutional amendment to reserve to the people the   powers of initiative and referendum.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.   Article III, Texas Constitution, is amended by   amending Section 1 and adding Sections 1A and 1B to read as follows:          Sec. 1.  Subject to Sections 1A and 1B of this article, the   [The] Legislative power of this State shall be vested in a Senate   and House of Representatives, which together shall be styled "The   Legislature of the State of Texas."          Sec. 1A.  (a) The people reserve to themselves the power to   propose statutory and constitutional measures by petition for   submission to the electorate and to have those measures enacted as   provided by this section. This power is known as the initiative.          (b)  A proposed statutory or constitutional measure and a   filing fee of $1,000, which is refundable if the proposed measure is   placed on the ballot, must be submitted to the secretary of state.     A proposed measure must be accompanied by the names and other   relevant information, as determined by the secretary of state, of   two voters who represent the petitioners.  A proposed measure may   not contain more than one subject.  After the secretary of state   validates the signatures on the petition in accordance with   Subsection (h) of this section, the secretary of state shall   forward the petition to the Texas Legislative Council.  The Texas   Legislative Council shall advise the petitioner as to proper form   and language and, with the consent of the petitioner, may redraft   the text of the measure as necessary or desirable to achieve its   purposes.  If the Texas Legislative Council determines that any   provision of a proposed statutory measure would be invalid under   this constitution, the Texas Legislative Council shall return the   measure to the petitioner accompanied by written reasons for the   determination of unconstitutionality. A measure determined to be   unconstitutional may not be forwarded to other state officers under   Subsection (c) of this section.          (c)  If the Texas Legislative Council determines that the   proposed measure authorizes or requires the expenditure or   diversion of any state funds, the Texas Legislative Council shall   forward the measure to the Legislative Budget Board to determine   written reasons why the measure impacts the state fiscally.   Otherwise, the Texas Legislative Council shall forward the measure   to the secretary of state.          (d)  After receipt of a proposed measure from the Texas   Legislative Council, the Legislative Budget Board shall prepare and   sign the fiscal note, attach it to the measure, and return the   measure to the petitioner accompanied by written reasons for how   the measure impacts the state fiscally, including by lowering taxes   or instructing for the appropriation of funds.  In the fiscal note,   the Legislative Budget Board shall outline the fiscal implications   and probable cost of the measure each year for the first five years   after its effective date and a statement as to whether there will be   costs involved thereafter.  If the Legislative Budget Board   determines that the measure will not impact the state fiscally, the   board shall return the measure to the Texas Legislative Council   with written reasons for why the measure does not impact the state   fiscally.          (e)  After receipt of a proposed measure from the Texas   Legislative Council, the secretary of state shall issue to the   petitioner approved copies of an initiative petition proposing the   measure in the number requested not later than the 15th day after   the date of receiving the proposed measure from the Texas   Legislative Council. The secretary of state may charge for each   copy a reasonable fee to cover the cost of reproduction. The   secretary of state shall prescribe standards of form and design for   a petition. Each part of a petition must include the full text of   the proposed measure.          (f)  An initiative petition that proposes a statutory   measure must be signed by a number of registered voters equal to at   least five percent of the total number of votes received by all   candidates for state senator in the most recent general election in   each Texas Senate district and the statewide total of signatures   must equal at least five percent of the total number of votes   received by all candidates for governor in the most recent   gubernatorial election.  An initiative petition that proposes a   constitutional measure must be signed by a number of registered   voters equal to at least six percent of the total number of votes   received by all candidates for state senator in the most recent   general election in each Texas Senate district and the statewide   total of signatures must equal at least six percent of the total   number of votes received by all candidates for governor in the most   recent gubernatorial election.  A signer may withdraw a signature   from a petition before the petition is filed following the   procedures provided by general law for the withdrawal of a petition   signature.          (g)  To be certified as valid, a petition containing the   required number of signatures must be filed with the secretary of   state before the earlier of the following dates after the date the   approved copies are issued by the secretary of state:                (1)  the 365th day after the date the copies are issued;   or                (2)  July 1 of an even-numbered year.          (h)  The secretary of state shall review the petition to   determine whether it is valid. The secretary of state may use any   reasonable statistical sampling method as the basis for   verification.  The secretary of state shall prescribe rules for the   withdrawal of a petition, except that a petition may not be   withdrawn after the petition is filed with the secretary of state.     If the secretary of state determines that the petition does not   contain the required number of signatures, the petitioners have 60   days after the date of that determination to obtain additional   signatures, except that additional signatures may not be obtained   after July 1 of an even-numbered year.  The secretary of state shall   determine the validity of a petition not later than the 60th day   after the date the petition is filed.  On determining that the   petition complies with this section, the secretary of state shall   certify it as valid.          (i)  If a certified petition proposes a statutory measure,   the secretary of state shall submit the question of approval or   disapproval of the measure to the voters of the state at an election   to be held on the first Tuesday after the first Monday in November   that occurs on or after the 180th day after the date the petition is   submitted to the secretary of state for certification.  If the   measure is approved by a majority of those voting on the question,   the statutory change proposed by the measure takes effect according   to its terms.          (j)  If a statutory measure proposed by petition becomes law,   the law may be amended or repealed within five years after the date   the law takes effect only on the record vote of two-thirds of the   members elected to each house.          (k)  If a certified petition proposes a constitutional   measure, the secretary of state shall submit the question of   approval or disapproval of the measure to the voters at an election   to be held on the first Tuesday after the first Monday in November   that occurs on or after the 180th day after the date the petition is   submitted to the secretary of state for certification. If the   measure is approved by a 55 percent majority of those voting on the   question, the amendment proposed by the measure becomes a part of   the constitution.          (l)  The secretary of state shall prepare the ballot   proposition for a measure proposed by initiative.  The proposition   must be descriptive but not argumentative or prejudicial. The   provisions of this constitution and of law that apply to   publication of constitutional amendments proposed under Section 1,   Article XVII, of this constitution apply to the publication of   measures proposed under this section.          (m)  A reference in this section to the Texas Legislative   Council or Legislative Budget Board includes the entity's successor   in function.          (n)  This section is self-executing, but laws may be enacted   to facilitate its operation. However, no law may be enacted to   hamper, restrict, or impair the exercise of the power of   initiative.          Sec. 1B.  (a)  The people reserve to themselves the power by   petition and election to repeal statutes enacted by the legislature   as provided by this section.  This power is known as the referendum.          (b)  The referendum power extends, as provided by this   section, to any bill enacted during a regular or special session of   the legislature, including a bill relating to the composition of   districts for the election of members of a governmental body.  It   extends to each bill in its entirety and not to a part of the bill.          (c)  A written request for a petition proposing the repeal of   a bill enacted by the legislature must be submitted to the secretary   of state in a form prescribed by the secretary of state with a   filing fee of $1,000, which is refundable if the referendum is   placed on the ballot. The request may be filed at any time after the   date of final adjournment of the session in which the bill is   enacted.          (d)  The secretary of state shall prepare and issue, in the   number requested, approved copies of a petition proposing repeal of   the bill. The secretary of state may charge for each copy a   reasonable fee to cover the cost of reproduction.  The petition must   include a citation of the bill, citations of any laws amended or   repealed by the bill, and a statement, not argumentative or   prejudicial, briefly describing the effect of the bill.          (e)  To be certified as valid, a referendum petition must be   filed with the secretary of state not later than the 180th day after   the date of its issuance and must be signed by a number of   registered voters equal to at least five percent of the total number   of votes received by all candidates for state senator in each Texas   Senate district and the statewide total of signatures must equal at   least eight percent of the total number of votes received by all   candidates for governor in the most recent gubernatorial election.          (f)  The secretary of state shall review the petition to   determine whether it is valid. The secretary of state may use any   reasonable statistical sampling method as the basis for   verification. On determining that the petition complies with this   section, the secretary of state shall certify it as valid and shall   submit the proposal to the voters at an election to be held on the   first Tuesday after the first Monday in November that occurs on or   after the 45th day after the date the petition is submitted.  The   ballot shall be printed to permit voting for or against the   proposition:  "Repeal of __B. No. ____, which (brief statement of   effect of bill)."          (g)  The provisions of this constitution and of law that   apply to publication of constitutional amendments proposed under   Section 1, Article XVII, of this constitution apply to the   publication of a referendum proposal.          (h)  If a referendum proposal is approved by a majority of   those voting on the question, the repeal is effective immediately   on official declaration of the result of the election, whether or   not the bill repealed took effect before the date of the election.          (i)  This section is self-executing, but laws may be enacted   to facilitate its operation. However, no law may be enacted to   hamper, restrict, or impair the exercise of the power of   referendum.          SECTION 2.   Article XVII, Texas Constitution, is amended by   adding Section 1A to read as follows:          Sec. 1A. In addition to the mode of amendment provided by   Section 1 of this article, the constitution may be amended by the   initiative procedure authorized by Section 1A, Article III, of this   constitution.          SECTION 3.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 4, 2025.   The ballot shall be printed to permit voting for or against the   proposition: "The constitutional amendment reserving to the people   the powers of initiative and referendum."