HB565 - Relating to a requirement that the ballot for an election to amend the state constitution include an estimate of the fiscal impact to the state of the proposed amendment.

      By: Tepper, Leo Wilson H.B. No. 565       A BILL TO BE ENTITLED   AN ACT   relating to a requirement that the ballot for an election to amend   the state constitution include an estimate of the fiscal impact to   the state of the proposed amendment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 274.001, Election Code,   is amended to read as follows:          Sec. 274.001.  FORM OF AMENDMENT ON BALLOT ; COST ESTIMATE .          SECTION 2.  Section 274.001, Election Code, is amended by   adding Subsection (d) to read as follows:           (d)     For each proposition submitting a proposed   constitutional amendment, the secretary of state shall prepare for   placement on the ballot one of the following statements, as   applicable:                 (1)     if the Legislative Budget Board determines the   constitutional amendment to have a recurring cost under Section   314.001(b), Government Code: "Subject to future legislative   actions, the Legislative Budget Board estimates that the   implementation of this constitutional amendment would incur an   annual (insert "cost of" or "savings of", as applicable, and the   estimate determined under Section 314.001(b), Government Code) to   the state over (insert number of years determined under Section   314.001(b), Government Code)."; or                 (2)     if the Legislative Budget Board determines the   constitutional amendment to have a one-time cost under Section   314.001(b), Government Code: "Subject to future legislative   actions, the Legislative Budget Board estimates that the   implementation of this constitutional amendment would have a   one-time (insert "cost of" or "savings of", as applicable, and the   estimate determined under Section 314.001(b), Government Code) to   the state.".          SECTION 3.  Section 274.003(a), Election Code, is amended to   read as follows:          (a)  For each proposed constitutional amendment, the   secretary of state shall certify in writing for placement on the   ballot:                (1)  the wording of the proposition submitting the   amendment; [ and ]                (2)   the statement for the cost estimate prepared for   the proposition under Section 274.001(d); and                 (3)   the proposition's number.          SECTION 4.  Section 314.001, Government Code, is amended to   read as follows:          Sec. 314.001.  SYSTEM OF FISCAL NOTES. (a)   The Legislative   Budget Board shall establish a system of fiscal notes identifying   the probable costs of each bill or resolution that authorizes or   requires the expenditure or diversion of state funds for a purpose   other than one provided for in the general appropriations bill.           (b)     This subsection applies only to a joint resolution to   amend the constitution. As soon as practicable after the time for   gubernatorial action has expired under Section 14, Article IV,   Texas Constitution, for each joint resolution enacted by the   legislature, the Legislative Budget Board shall:                 (1)  determine the estimated cost to the state;                 (2)     determine whether the joint resolution will impose   on the state a recurring cost or a one-time cost; and                 (3)     notify the secretary of state of the   determinations made under Subdivisions (1) and (2).           (c)     In making the determinations under Subsections (b)(1)   and (2), the Legislative Budget Board may rely on:                 (1)     the calculation the board made under Section   314.002, for:                       (A)  the joint resolution;                       (B)  the enabling legislation; or                       (C)     both Paragraphs (A) and (B), as applicable;   and                 (2)     an appropriation made for the purpose of the joint   resolution in the General Appropriations Act or other legislative   appropriation to the extent enacted, only if those appropriations   or estimated costs are not reflected in the calculation under   Section 314.002.          SECTION 5.  The secretary of state may adopt rules as   necessary to implement and administer Section 274.001(d), Election   Code, as added by this Act.          SECTION 6.  The changes in law made by this Act apply only to   a ballot for an election on a proposed constitutional amendment   ordered on or after the effective date of this Act.  An election on a   proposed constitutional amendment 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 7.  This Act takes effect September 1, 2025.