HBA-DMD H.J.R. 75 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 75 By: Grusendorf State Affairs 4/23/1999 Introduced BACKGROUND AND PURPOSE The initiative process is a tool which individuals may use to impact state government. H.J.R. 75 gives the power of initiative to the people. This bill requires an initiative measure to be limited to a single subject. This bill establishes a filing fee of $100 for a proposed statutory or constitutional measure. This bill also requires the attorney general upon determining that the proposed measure authorizes or requires the expenditure or diversion of any state funds to forward the measure to the comptroller of public accounts for the preparation of a fiscal note. Additionally, this bill sets forth the process of initiative. As proposed, H.J.R. 75 requires the submission to the voters of a constitutional amendment providing the people with the power of initiative to propose statutory and constitutional measures by petition for submission to the electorate. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article III, Texas Constitution, by amending Section 1 and adding Section 1A, as follows: Sec. 1. Adds a provision subjecting the legislative power of this state vested in a senate and house of representatives, which together are required to be styled "The Legislature of the State of Texas," to Section 1A of this article. Sec. 1A. (a) Provides that the people reserve themselves the power of initiative to propose statutory and constitutional measures by petition for submission to the electorate and to have those measures enacted as provided by this section. Provides that just as the legislature cannot make laws abrogating rights guaranteed to individual citizens by the United States Constitution, neither can citizens using the initiative. (b) Requires an initiative measure to be limited to a single subject, with this limitation always to be interpreted in the least restrictive manner. (c) Provides that a proposed statutory or constitutional measure and a good faith filing fee of $100 must be submitted to the attorney general. Requires the attorney general to advise the proponents within 30 days as to proper form and language, separate the initiative into single subjects, and render an opinion as to the constitutionality of the measures. Authorizes the attorney general, with the consent of the proponents, to redraft the text of the measure to achieve the proponents' purpose. (d) Requires the attorney general upon determining that the proposed measure authorizes or requires the expenditure or diversion of any state funds, no later than 30 days after the measure is submitted, to forward the measure to the comptroller of public accounts (comptroller) for the preparation of a fiscal note. Requires the attorney general otherwise to forward the measure by that deadline to the secretary of state (secretary). (e) Requires the comptroller, no later than 15 days after receiving a proposed measure from the attorney general, to prepare and sign the fiscal note which outlines the fiscal implications and probable cost of the measure each year for the first five years after its effective date and contains a statement as to whether there will be costs involved thereafter, attach the note to the measure, and send a copy to the proponents and the secretary. (f) Requires the secretary, no later than 10 days after receiving a proposed measure from the attorney general or comptroller, to issue to the proponents an approved copy of an initiative petition proposing the measure. Prohibits a failure of the attorney general as to form or single subject from being reviewable by courts. Requires the secretary to prescribe standards of form and design for a petition that are easy for petitioners to use. Provides that each part of a petition must include the full text of the proposed measure. Requires rules for circulation, if any, to be for the purpose of facilitating petition signature gathering. (g) Provides that a statutory initiative petition must be signed by a number of registered voters equal to at least four percent of the total number of votes received by all candidates for governor in the most recent gubernatorial general election in each of at least half of the state senate districts as well as statewide. Provides that a constitutional initiative petition must be signed by registered voters equal to six percent of such votes. (h) Provides that to be certified as valid, the required number of signatures must be filed with the secretary no later than 365 days after the approved copies are issued by the secretary. Requires the secretary, within 60 days, to review the petition to determine whether it has sufficient valid signatures. Authorizes the secretary to use any reasonable statistical sampling method as the basis for verification. Requires the secretary, if sufficient signatures have been collected, to notify immediately by telephone and in writing the proponents of the determination. Requires the proponents, if the secretary determines that the petition does not contain the required number of signatures, to have 60 days after the date of that determination to obtain additional signatures. Requires the secretary, upon determining that the petition complies with this section, to certify it as valid. Requires costs for signature verification to be a cost of state government. (i) Requires the secretary, after an initiative measure is certified, to publish ballot proposition wording for the measure, within ten days. Provides that the proposition wording must be descriptive but not argumentative or prejudicial and must have the written approval of the proponents. Provides that unless otherwise provided for herein, the provisions of this constitution that apply to publication of constitutional amendments proposed under Section 1 (Proposed Amendments; Publication; Submission to Voters; Adoption), Article XVII (Mode of Amending the Constitution of this State), of this constitution apply to the publication of measures proposed under this section. (j) Requires the secretary to submit each certified measure to the voters of the state for approval or disapproval at the next statewide general election held in November of even-numbered years 150 days following certification. Provides that any measure approved by a majority of those voting on the question takes effect according to its terms and authorizes any measure passed by the people to be modified only by a vote of the people. (k) Provides that if there are certified petition measures on the ballot with competing provisions and the voters approve more than one measure, each approved measure becomes law limited only by the extent to which its provisions do not compete with provisions in a measure receiving more affirmative votes. (l) Provides that after a measure is certified for the ballot, full and prompt disclosure of all spending for and against the measure is to be made to the Texas Ethics Commission. (m) Provides that this section is self-executing, but authorizes laws to be enacted to facilitate its operation. Provides that no law is authorized to be enacted to hamper, restrict, or impair the exercise of the power of initiative. (n) Requires the proponents of the measure to have standing to defend the measure, if a proposal or enacted initiative is subject to a legal challenge. Requires the proponents to be reimbursed for their legal fees in defending their measure. SECTION 2. Amends Article XVII, Texas Constitution, by adding Section 1A, as follows: Sec. 1A. Authorizes the constitution to be amended by the initiative procedure authorized by Section 1 (Senate and House of Representatives), Article III (Legislative Department), of this constitution, in addition to the mode of amendment provided by Section 1 of this article. SECTION 3. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 7, 2000. Sets forth the required language for the ballot.