88(4) SB 6 - Engrossed version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for trial in the contest of an election on |
 
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a proposed constitutional amendment. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Section 233.014, Election Code, is amended by |
 
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amending Subsections (d), (f), and (h) and adding Subsection (g-1) |
 
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to read as follows: |
 
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             (d)    The trial date may not be [earlier than the 45th day |
 
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after the date of the contested election nor] later than the 50th   |
 
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[180th] day after the date of the contested election.    [The trial |
 
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date may be earlier than the 45th day after the date of the |
 
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contested election at the request of the contestant.] |
 
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             (f)    The court shall include in its judgment in a contest an |
 
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order directing the governor to declare the official result of the |
 
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election or to declare the election void, as appropriate, not later |
 
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than the fifth [10th] day after the trial date [the judgment becomes |
 
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final]. |
 
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             (g-1)    Any appeal of the contest must be filed not later than |
 
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the fifth day after the date the judgment becomes final. |
 
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             (h)    If a contestant files an appeal of the contest: |
 
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                         (1)    [,] the [appellate] court of appeals must ensure |
 
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its judgment is rendered not later than the 30th day after the date |
 
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the judgment of the trial court becomes final; and |
 
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                         (2)    the Texas Supreme Court must ensure that the |
 
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action is brought to final disposition not later than the 30th |
 
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[180th] day after the date the judgment of the court of appeals |
 
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becomes final. |
 
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             SECTION  2.    Section 233.014(e), Election Code, is repealed. |
 
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             SECTION  3.    The changes in law made by this Act to Section |
 
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233.014, Election Code: |
 
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                         (1)    apply to any contest of an election on a proposed |
 
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constitutional amendment held on or after November 1, 2023; and |
 
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                         (2)    do not affect the validity of any action taken |
 
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under prior law before the effective date of this Act. |
 
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             SECTION  4.    This Act takes effect immediately if it receives |
 
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a vote of two-thirds of all the members elected to each house, as |
 
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provided by Section 39, Article III, Texas Constitution.    If this |
 
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Act does not receive the vote necessary for immediate effect, this |
 
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Act takes effect on the 91st day after the last day of the |
 
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legislative session. |