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S.B. No. 506 AN ACT relating to requirements for certain 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. 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 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 or an authorized representative of a home-rule city 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 secretary of state shall provide notice to the city of the secretary of state's determination. Not later than the third day after receiving notice from the secretary of state, 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 drafted a proposition under Subsection (c) 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) Except as provided by Subsection (d), 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). (d) If, pursuant to Section 273.101, the secretary of state determines that a proposition is not misleading, inaccurate, or prejudicial, or drafts the ballot proposition language, a plaintiff or relator who prevails in a mandamus action described by Subsection (a) may not be awarded the party's reasonable attorney's fees, expenses, or court costs. 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 4. Chapter 277, Election Code, is amended by adding Section 277.005 to read as follows: Sec. 277.005. OBSTRUCTION OF PETITION-INITIATED ELECTION PROHIBITED. (a) A political subdivision may not propose a measure, including a charter amendment, that will appear on the same ballot as a petition-initiated measure if: (1) the two measures generally address the same subject matter; or (2) a provision of a proposed measure would invalidate or conflict with any portion of a petition-initiated measure. (b) A measure proposed by a political subdivision in violation of this section is void if the measure is proposed not earlier than the 180th day before the date the political subdivision's secretary receives the petition under this chapter. A political subdivision may be enjoined from proposing the measure. SECTION 5. The changes in law made by this Act apply only to a petition submitted on or after January 1, 2026. SECTION 6. This Act takes effect September 1, 2025. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 506 passed the Senate on April 30, 2025, by the following vote: Yeas 23, Nays 8; and that the Senate concurred in House amendments on May 30, 2025, by the following vote: Yeas 24, Nays 7. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 506 passed the House, with amendments, on May 28, 2025, by the following vote: Yeas 102, Nays 37, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor
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