HBA-RBT H.B. 2345 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2345
By: Culberson
Elections
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

The working on the ballot for some propositions in home-rule cities has not
been the same as the working on the original petition that resulted in the
proposition.  H.B. 2345 provides that the wording of a proposition in a
home-rule city in which the measure to be voted on was initiated by a
petition signed by the voters must be the same as the wording of the
proposed proposition stating the measure on the petition. 

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 Subchapter C, Chapter 52, Election Code, by adding
Section 52.071, as follows: 

Sec.  52.071.  CERTAIN PROPOSITIONS IN HOME-RULE CITY.  Provides that the
wording of a proposition in a home-rule city in which the measure to be
voted on was initiated by a petition signed by voters must be the same as
the wording of the proposed proposition stating the measure on the
petition.  Authorizes a registered voter of the city to bring a lawsuit for
judicial relief in a district court of a county in which the city is
located if the wording of the proposition is not the same as the wording of
the petition.  Requires the court to set a hearing before the election, if
practicable, if the action is brought before the date of the election.
Authorizes the court to issue an order requiring the proposition to be
worded the same as the petition, delaying the election, or invalidating the
results of the election.  Requires the court to dismiss the petition if the
change in the wording is nonsubstantive. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.