88R302 SGM-D     By: Johnson S.J.R. No. 25       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 $2,000, 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 (g), 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 for the   preparation of a fiscal note. 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 forward the   measure to the secretary of state. 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.          (e)  After receipt of a proposed measure from the Texas   Legislative Council or Legislative Budget Board, 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 receiving the proposed measure   from the Texas Legislative Council or Legislative Budget Board.   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 governor in the most recent gubernatorial general   election in each Texas Senate district as well as statewide. 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   governor in the most recent gubernatorial general election in each   Texas Senate district as well as statewide.  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 not later than the 365th day after the date the approved   copies are issued by the secretary of state. 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.  The secretary of state shall   determine the validity of a petition not later than the 60th day   after the petition is filed.  On determining that the petition   complies with this section, the secretary of state shall certify it   as valid and submit the proposed measure to the Texas Legislative   Council.          (h)  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.          (i)  If a statutory measure proposed by petition becomes law,   it may be amended or repealed within five years after it takes   effect only on the record vote of two-thirds of the members elected   to each house.          (j)  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 60 percent majority of those voting on the   question, the amendment proposed by the measure becomes a part of   the constitution.          (k)  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.          (l)  A reference in this section to the Texas Legislative   Council or Legislative Budget Board includes the entity's successor   in function.          (m)  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 $2,000, which is refundable if the referendum is   placed on the ballot. The request must be filed not later than the   180th day 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 governor in the most recent   gubernatorial general election in each Texas Senate district as   well as statewide.          (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 7, 2023.   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."