HB631 - Relating to requirements for certain petitions requesting an election and ballot propositions and to related procedures and provisions.

  89R73 MLH-F     By: Swanson H.B. No. 631       A BILL TO BE ENTITLED   AN ACT   relating to requirements for certain petitions requesting an   election and ballot propositions and to related procedures and   provisions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Ballot Measure   Election Integrity Act of 2025.          SECTION 2.  Section 52.072, Election Code, is amended by   adding Subsection (g) to read as follows:           (g)     A proposition proposing an amendment to a city charter   or a voter-initiated initiative or referendum as requested by a   petition must use wording identical to the caption of any   corresponding petition as provided by Section 277.0015(b), as   applicable.          SECTION 3.  Chapter 233, Election Code, is amended by adding   Section 233.0115 to read as follows:           Sec.   233.0115.     BALLOT LANGUAGE MANDAMUS ACTION. If a court   orders a home-rule city to order a new election under Section   233.011, a qualified voter of the home-rule city may seek from the   court a writ of mandamus to compel the governing body of the city to   comply with Section 52.072(g), as provided by Section 273.101.          SECTION 4.  Chapter 273, Election Code, is amended by adding   Subchapter F to read as follows:   SUBCHAPTER F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS           Sec.   273.101.     MANDAMUS ACTIONS. (a) A qualified voter of a   home-rule city may seek from the court a writ of mandamus to compel   the governing body of the city to comply with the requirement of   Section 52.072(g).           (b)     The court must give absolute priority to a petition for   a writ brought under this section and shall make its determination   without delay and prior to the deadline for printing ballots.           (c)     The court may award a petitioner who substantially   prevails in an action described by Subsection (a) the party's   reasonable attorney's fees, expenses, and court costs.           (d)     Governmental immunity to suit and liability is waived   and abolished only to the extent of the liability created by   Subsection (c).           Sec.   273.102.     REVIEW OF PETITION BY SECRETARY OF STATE. (a)   The governing body of a home-rule city or a qualified voter of the   home-rule city may file a complaint with the secretary of state   alleging that a caption is invalid under Section 277.0015.           (b)     The secretary of state shall review a caption alleged to   be invalid in a complaint under Subsection (a) not later than the   seventh day after the date the secretary receives the complaint.           (c)     If the secretary of state determines that a complaint   under Subsection (a) correctly alleges that a caption is invalid   under Section 277.0015, the secretary of state shall modify the   caption and provide the modified caption to the home-rule city for   use as a ballot proposition.           (d)     In modifying a caption under Subsection (c), the   secretary of state shall:                 (1)     seek input from persons who signed or circulated   the petition; and                 (2)     modify the caption only to the extent necessary   for compliance with Section 277.0015.           (e)     Action by the secretary of state under this section may   not be considered by a court as evidence that a caption does not   comply with Section 277.0015.          SECTION 5.  The heading to Chapter 277, Election Code, is   amended to read as follows:   CHAPTER 277. PETITION TO CITY UNDER STATE LAW OR CITY CHARTER   [ PRESCRIBED BY LAW OUTSIDE CODE ]          SECTION 6.  Chapter 277, Election Code, is amended by   designating Sections 277.001, 277.002, 277.0021, 277.0022,   277.0023, and 277.0024 as Subchapter A and adding a subchapter   heading to read as follows:   SUBCHAPTER A. FORM AND CONTENT OF PETITION          SECTION 7.  Section 277.001, Election Code, is amended to   read as follows:          Sec. 277.001.  APPLICABILITY OF SUBCHAPTER [ CHAPTER ]. This   subchapter [ chapter ] applies to a petition authorized or required   to be filed with a city [ under a law outside this code ] in   connection with an election , regardless of whether the petition is   authorized by state law or a city charter .          SECTION 8.  Subchapter A, Chapter 277, Election Code, as   added by this Act, is amended by adding Section 277.0015 to read as   follows:           Sec.   277.0015.     PROPOSED MEASURES. (a) A petition must   contain or have attached a caption for the proposed measure.           (b)     The caption must identify the proposed measure by its   chief features, describing its character and purpose with such   definiteness and certainty that voters are not misled.           (c)     Unless the caption is modified under Section 273.102,   the governing body of a home-rule city shall proceed with an   election requested by a petition despite a complaint that the   petition violates Subsection (b) and in doing so shall comply with   Section 52.072(g) and all ordinary timelines and requirements for   such an election.           (d)     The secretary of state shall issue guidance to help a   person preparing to circulate a petition comply with the   requirements of Subsection (b).          SECTION 9.  Section 277.002, Election Code, is amended by   adding Subsection (g) to read as follows:           (g)     The illegibility of a signature on a petition submitted   to a home-rule city is not a valid basis for invalidating the   signature if the information provided with the signature as   required by this section and other applicable law legibly provides   enough information to demonstrate that the signer:                 (1)  is eligible to have signed the petition; and                 (2)     signed the petition on or after the 180th day   before the date the petition was filed.          SECTION 10.  Subchapter A, Chapter 277, Election Code, as   added by this Act, is amended by adding Section 277.005 to read as   follows:           Sec.   277.005.     STANDARD PETITION FORM; VALIDITY. (a) The   secretary of state shall:                 (1)     adopt a standard petition form for   petition-initiated elections; and                 (2)     publish the form and instructions for using the   form on the secretary's Internet website.           (b)  The standard petition form must require:                 (1)  the name of the circulator;                 (2)     a caption for the measure as required by Section   277.0015;                 (3)  each signer to provide:                       (A)  the signer's printed name;                       (B)  the signer's signature;                       (C)  the signer's:                             (i)  date of birth; or                               (ii)     voter registration number and county   of residence;                       (D)     the signer's residence address, including   city and, if applicable, zip code; and                       (E)  the date of signing; and                 (4)     an affidavit of the circulator stating that the   circulator verifies that the circulator witnessed the signatures,   including a space for the affidavit to be signed and notarized.           (c)     Notwithstanding any other law, including a city   charter, a city may not require the submission of information on or   with a petition that the standard petition form published by the   secretary of state does not provide for or require to be provided.             (d)     A person who circulates or submits a petition is not   required to use the standard petition form. A petition that does not   use the standard petition form must contain the substantial   elements required to be provided on the standard petition form.          SECTION 11.  Chapter 277, Election Code, is amended by   adding Subchapters B and C to read as follows:   SUBCHAPTER B. SUBMISSION OF CERTAIN CITY PETITIONS           Sec.   277.031.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies to a home-rule city that has a procedure requiring the   governing body of the city to hold an election on receipt of a   petition, including a procedure imposed by statute, requesting the   election.           Sec.   277.032.     CONFLICTS WITH CITY CHARTER OR OTHER LAW. The   provisions of this subchapter apply notwithstanding any city   charter provision or other law.           Sec.   277.033.     DETERMINATION OF VALIDITY. (a) The city   secretary shall determine the validity of a petition submitted   under this subchapter, including by verifying the petition   signatures, not later than the 30th day after the date the city   receives the petition.           (b)     The city secretary may not invalidate a petition on   grounds of an inadequate caption but may:                 (1)  file a complaint under Section 273.102; and                 (2)     modify the caption as directed by the secretary of   state under Section 273.102.           Sec.   277.034.     COLLECTOR REQUIREMENTS PROHIBITED. A city   may not restrict who may collect petition signatures.   SUBCHAPTER C. REPEAL OF PETITION-INITIATED CHARTER AMENDMENT           Sec.   277.051.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies to a home-rule city that has a procedure, including a   procedure imposed by statute, requiring the governing body of the   city to hold an election on receipt of a petition requesting the   election.           Sec.   277.052.     REPEAL OF PETITION-INITIATED CHARTER   AMENDMENT. (a) A city may repeal a charter amendment adopted by a   petition-initiated election only by a petition-initiated election   held for the specific purpose of repealing the amendment. A repeal   petition may not include any other measure, including the repeal of   multiple charter amendments.           (b)     A city may not repeal a charter amendment adopted by a   petition-initiated election by adopting a new or revised city   charter. A new or revised city charter must include each charter   amendment adopted by a petition-initiated election unless the   charter amendment was repealed in accordance with Subsection (a).          SECTION 12.  Section 9.004(a), Local Government Code, is   amended to read as follows:          (a)  Except as p [Text truncated for display. Full text available on Congress.gov.]