SB1539 - Relating to requirements and procedures in the contest of an election on a proposed constitutional amendment.

      By: Bettencourt S.B. No. 1539     (Shaheen)           A BILL TO BE ENTITLED   AN ACT   relating to requirements and procedures in the contest of an   election on a proposed constitutional amendment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 233.014, Election Code, is amended by   amending Subsections (c), (d), (f), and (h) and adding Subsection   (c-1) to read as follows:          (c)   The filing of an election contest does not suspend   implementation of a constitutional amendment that was approved by   the majority of the votes cast  [ The declaration of the official   result of a contested election may not be made until the contest is   finally determined. The secretary of state shall tabulate the   county returns and the governor shall announce the final vote   count, as ascertained from the returns, in a written document. The   document announcing the final vote count must state that a contest   of the election has been filed and that the declaration of the   official result will not be made until the contest is finally   determined ].           (c-1)     The trial court must ensure that a written ruling on a   pretrial motion before the court is entered not later than the 30th   day after the date the motion is filed.          (d)  The trial date may not be earlier than the 45th day after   the date of the contested election except [ nor later than the 180th   day after the date of the contested election.     The trial date may be   earlier than the 45th day after the date of the contested election ]   at the request of the contestant. The trial court must ensure the   judgment of the court is not filed later than the 180th day after   the date of the contested election.          (f)  The court shall include in its judgment in a contest an   order directing the governor to declare the [ official result of the   election or to declare the ] election valid or void, as appropriate,   not later than the 10th day after the date the judgment becomes   final.          (h)  If a contestant files an appeal of the contest, the   appellate court must ensure that the action is brought to final   disposition not later than the 60th [ 180th ] day after the date the   judgment becomes final.          SECTION 2.  The changes in law made by this Act apply to a   contest of a constitutional amendment election filed on or after   the effective date of this Act. A contest of a constitutional   amendment election filed before the effective date of this Act is   governed by the law in effect on the date that the suit is filed, and   the former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2025.