By: Bettencourt	S.B. No. 221
	(Paul)

	A BILL TO BE ENTITLED
	AN ACT
	relating to requirements for certain petitions requesting an
	election and ballot propositions.
	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.  Section 253.094(b), Election Code, is amended to
	read as follows:
	(b)  A corporation or labor organization may not make a
	political contribution in connection with a recall election,
	including the circulation and submission of a petition to call an
	election. This subsection does not prohibit a religious
	organization from circulating or submitting a petition in
	connection with a recall election.
	SECTION 4.  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 or by other means 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 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 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 on its third attempt drafted a proposition that is misleading,
	inaccurate, or prejudicial, the secretary of state shall draft the
	ballot proposition.
	(e)  The proposition shall be reviewed by the secretary of
	state within seven days after receiving the proposition for review.
	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)  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).
	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,
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