Relating to a requirement that the ballot for an election to amend the state constitution include an estimate of the fiscal impact to the state of the proposed amendment.

89(R) HB 565 - Engrossed version - Bill Text

By: Tepper, Leo Wilson

H.B. No. 565

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that the ballot for an election to amend

the state constitution include an estimate of the fiscal impact to

the state of the proposed amendment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 274.001, Election Code,

is amended to read as follows:

Sec. 274.001. FORM OF AMENDMENT ON BALLOT
; COST ESTIMATE
.

SECTION 2. Section 274.001, Election Code, is amended by

adding Subsection (d) to read as follows:

(d)

For each proposition submitting a proposed

constitutional amendment, the secretary of state shall prepare for

placement on the ballot one of the following statements, as

applicable:

(1)

if the Legislative Budget Board determines the

constitutional amendment to have a recurring cost under Section

314.001(b), Government Code: "Subject to future legislative

actions, the Legislative Budget Board estimates that the

implementation of this constitutional amendment would incur an

annual (insert "cost of" or "savings of", as applicable, and the

estimate determined under Section 314.001(b), Government Code) to

the state over (insert number of years determined under Section

314.001(b), Government Code)."; or

(2)

if the Legislative Budget Board determines the

constitutional amendment to have a one-time cost under Section

314.001(b), Government Code: "Subject to future legislative

actions, the Legislative Budget Board estimates that the

implementation of this constitutional amendment would have a

one-time (insert "cost of" or "savings of", as applicable, and the

estimate determined under Section 314.001(b), Government Code) to

the state.".

SECTION 3. Section 274.003(a), Election Code, is amended to

read as follows:

(a) For each proposed constitutional amendment, the

secretary of state shall certify in writing for placement on the

ballot:

(1) the wording of the proposition submitting the

amendment; [
and
]

(2)
the statement for the cost estimate prepared for

the proposition under Section 274.001(d); and

(3)
the proposition's number.

SECTION 4. Section 314.001, Government Code, is amended to

read as follows:

Sec. 314.001. SYSTEM OF FISCAL NOTES.
(a)
The Legislative

Budget Board shall establish a system of fiscal notes identifying

the probable costs of each bill or resolution that authorizes or

requires the expenditure or diversion of state funds for a purpose

other than one provided for in the general appropriations bill.

(b)

This subsection applies only to a joint resolution to

amend the constitution. As soon as practicable after the time for

gubernatorial action has expired under Section 14, Article IV,

Texas Constitution, for each joint resolution enacted by the

legislature, the Legislative Budget Board shall:

(1) determine the estimated cost to the state;

(2)

determine whether the joint resolution will impose

on the state a recurring cost or a one-time cost; and

(3)

notify the secretary of state of the

determinations made under Subdivisions (1) and (2).

(c)

In making the determinations under Subsections (b)(1)

and (2), the Legislative Budget Board may rely on:

(1)

the calculation the board made under Section

314.002, for:

(A) the joint resolution;

(B) the enabling legislation; or

(C)

both Paragraphs (A) and (B), as applicable;

and

(2)

an appropriation made for the purpose of the joint

resolution in the General Appropriations Act or other legislative

appropriation to the extent enacted, only if those appropriations

or estimated costs are not reflected in the calculation under

Section 314.002.

SECTION 5. The secretary of state may adopt rules as

necessary to implement and administer Section 274.001(d), Election

Code, as added by this Act.

SECTION 6. The changes in law made by this Act apply only to

a ballot for an election on a proposed constitutional amendment

ordered on or after the effective date of this Act. An election on a

proposed constitutional amendment ordered before the effective

date of this Act is governed by the law in effect when the election

was ordered, and the former law is continued in effect for that

purpose.

SECTION 7. This Act takes effect September 1, 2025.