SB506 - Relating to requirements for certain ballot propositions and to related procedures and provisions.

      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