Bill Text: TX SB323 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the review of ballot proposition language for certain political subdivision elections.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2019-05-15 - Committee report sent to Calendars [SB323 Detail]

Download: Texas-2019-SB323-Introduced.html
  86R4278 SRS-D
 
  By: Huffman S.B. No. 323
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the review of ballot proposition language for certain
  political subdivision elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 52, Election Code, is
  amended by adding Section 52.0721 to read as follows:
         Sec. 52.0721.  REVIEW OF BALLOT PROPOSITION LANGUAGE. (a)
  This section applies only to an election on a measure held by a
  political subdivision located primarily in a county with a
  population of more than 120,000.  This section does not apply to an
  election for which a statute provides the ballot proposition
  language.
         (b)  Not later than the 109th day before an election, a
  political subdivision seeking to hold an election on a measure
  shall submit to the regional presiding judge of the administrative
  judicial region that the political subdivision is located in:
               (1)  the ballot proposition language; and
               (2)  a brief statement on the purpose of the
  proposition.
         (c)  A political subdivision that is located in two or more
  administrative judicial regions may select the administrative
  judicial region to which the political subdivision submits the
  proposition language for review.
         (d)  A judge receiving a submission under Subsection (b)
  shall appoint three judges from the administrative judicial region
  to serve on a panel to review the ballot proposition language before
  the election may be held.
         (e)  If the panel finds the language of the proposition is
  clear and understandable to the average voter, the panel shall
  approve the language of the proposition for the ballot.
         (f)  If the panel finds the language of the proposition is
  not clear and understandable to the average voter or does not make a
  finding on the proposition language before the 31st day after the
  date the panel is appointed, the language is disapproved and may not
  be used on the ballot at the election. The panel may provide the
  political subdivision with rewritten ballot proposition language
  that is clear and understandable to the average voter for use in the
  election.
         (g)  Following disapproval under Subsection (f), the
  political subdivision may:
               (1)  hold the election with the rewritten ballot
  proposition language provided by the panel; or
               (2)  submit revised ballot proposition language for
  approval by the panel in the manner provided under Subsections (e)
  and (f).
         (h)  To the extent of a conflict between this section and any
  provision of law requiring a political subdivision to hold an
  election on a measure within a certain period, this section
  controls.
         SECTION 2.  The change in law made by this Act applies only
  to an election ordered on or after the effective date of this Act.
  An election ordered before the effective date of this Act is
  governed by the law in effect when the election was ordered, and the
  former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.
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