HB1783 - Relating to requirements for certain petitions requesting an election and ballot propositions and to related procedures and provisions.

  89R1594 MLH-D     By: Paul H.B. No. 1783       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.  Section 52.072, Election Code, is amended by   adding Subsection (g) to read as follows:           (g)     A proposition must substantially submit the question   with such definiteness, certainty, and facial neutrality that the   voters are not misled.          SECTION 2.  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 new election under Section 233.011, a person may seek from   the court a writ of mandamus to compel the governing body of a city   to comply with the requirement that a ballot proposition must   substantially submit the question with such definiteness,   certainty, and facial neutrality that the voters are not misled, as   provided by Section 273.102.          SECTION 3.  Section 253.094(b), Election Code, is amended to   read as follows:          (b)  A corporation or labor organization may not make a   political contribution in connection with a recall election,   including the circulation and submission of a petition to call an   election. This subsection does not prohibit a religious   organization from circulating or submitting a petition in   connection with a recall election.          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.     REVIEW BY SECRETARY OF STATE. (a)   Not later   than the seventh day after the date on which a home-rule city   publishes in the election order or by other means ballot   proposition language proposing an amendment to the city charter or   a voter-initiated initiative or referendum as requested by   petition, a registered voter eligible to vote in the election may   submit the proposition for review by the secretary of state.           (b)     The secretary of state shall review the proposition not   later than the seventh day after the date the secretary receives the   submission to determine whether the proposition is misleading,   inaccurate, or prejudicial.           (c)     If the secretary of state determines that the   proposition is misleading, inaccurate, or prejudicial, the city   shall draft a proposition to cure the defects and give notice of the   new proposition using the method of giving notice prescribed for   notice of an election under Section 4.003.           (d)     A proposition drafted by a city under Subsection (c) to   cure the defects may be submitted to the secretary of state under   Subsection (a). If the secretary of state determines that the city   has on its third attempt drafted a proposition that is misleading,   inaccurate, or prejudicial, the secretary of state shall draft the   ballot proposition.           Sec.   273.102.     MANDAMUS ACTIONS. (a) In an action in a   court of competent jurisdiction seeking a writ of mandamus to   compel the city's governing body to comply with the requirement   that a ballot proposition must substantially submit the question   with such definiteness, certainty, and facial neutrality that the   voters are not misled, the court shall make its determination   without delay and may order the city to use ballot proposition   language drafted by the court.           (b)     The court may award a plaintiff or relator who   substantially prevails in a mandamus action described by Subsection   (a) the party's reasonable attorney's fees, expenses, and court   costs.           (c)     Governmental immunity to suit is waived and abolished   only to the extent of the liability created by Subsection (b).           Sec.   273.103.     MANDATORY SUBMISSION TO SECRETARY OF STATE.   Following a final nonappealable judgment containing a finding by a   court that a ballot proposition drafted by a city failed to   substantially submit the question with such definiteness,   certainty, and facial neutrality that the voters are not misled,   the city shall submit to the secretary of state for approval any   proposition to be voted on at an election held by the city before   the fourth anniversary of the court's finding.           Sec.   273.104.     CITY REQUIRED TO PAY FOR LEGAL SERVICES.   Notwithstanding a home-rule city charter provision to the contrary,   a city may not accept legal services relating to a proceeding under   this subchapter without paying fair market value for those   services.          SECTION 5.  Chapter 277, Election Code, is amended by   designating Sections 277.001, 277.002, 277.0021, 277.0022,   277.0023, 277.0024, and 277.003 as Subchapter A and adding a   subchapter heading to read as follows:   SUBCHAPTER A. PROVISIONS RELATING TO SIGNATURES, VALIDITY, AND   VERIFICATION OF PETITIONS          SECTION 6.  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 under a law outside this code in connection with an   election.          SECTION 7.  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 8.  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.     PETITION FORM; USE BY CITY AND OTHER PERSONS.   (a) The secretary of state shall prescribe a form, content, and   procedure for a petition.           (b)     A home-rule city that uses a form that is different from   the official form prescribed under Subsection (a) may not   invalidate a petition because the petition does not contain   information that the petition form failed to provide for or to   require to be provided.           (c)     A person who circulates or submits a petition is not   required to use a petition form prescribed by the secretary of state   or a home-rule city. A petition that does not use an officially   prescribed form must contain the substantial elements required to   be provided on the officially prescribed form.          SECTION 9.  Chapter 277, Election Code, is amended by adding   Subchapter B 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 requesting the election that complies with the applicable   requirements.           Sec.   277.032.     CONFLICTS WITH CITY CHARTER OR OTHER LAW.   (a)     The provisions of this subchapter apply notwithstanding any city   charter provision or other law.           (b)     This subchapter may not be construed to interfere with   the Military and Overseas Voter Empowerment Act   (Pub.   L.   No.   111-84, Sections 577-583(a)).           Sec.   277.033.     DETERMINATION OF VALIDITY. 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.           Sec.   277.034.     COLLECTOR REQUIREMENTS PROHIBITED. A city   may not restrict who may collect petition signatures.          SECTION 10.  Sections 9.004(a) and (c), Local Government   Code, are amended to read as follows:          (a)  Except as provided by Section 9.0045, the governing body   of a municipality on its own motion may submit a proposed charter   amendment to the municipality's qualified voters for their approval   at an election. The governing body shall submit a proposed charter   amendment to the voters for their approval at an election if the   submission is supported by a petition signed by a number of   registered  [ qualified ] voters of the municipality equal to at least   five percent of the number of registered  [ qualified ] voters of the   municipality on the date of the most recent election held   throughout the municipality  or 20,000, whichever number is the   smaller.          (c)  Notice of the election shall be published in a newspaper   of general circulation published in the municipality. The notice   must:                (1)  include a substantial copy of the proposed   amendment in which language sought to be deleted by the amendment is   bracketed and stricken through and language sought to be added by   the amendment is underlined ;                (2)  include an estimate of the anticipated fiscal   impact to the municipality if the proposed amendment is approved at   the election; and                (3)  be published on the same day in each of two   successive weeks, with the first publication occurring before the   14th day before the date of the election.          SECTION 11.  Section 277.004, Election Code, is repealed.          SECTION 12.  Not later than January 1, 2026, the secretary of   state shall adopt a petition form as required by Section 277.005,   Election Code, as added by this Act.          SECTION 13.  The changes in law made by this Act apply only   to a petition submitted on or after January 1, 2026.          SECTION 14.  This Act takes effect September 1, 2025.