Relating to authorization for a statewide referendum allowing voters to indicate a preference for whether an additional restriction on abortion access should be repealed.
relating to authorization for a statewide referendum allowing
voters to indicate a preference for whether an additional
restriction on abortion access should be repealed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. STATEWIDE REFERENDUM. On enactment by the 89th
Legislature, Regular Session, 2025, of legislation imposing any
additional restriction on access to abortion in this state, at the
general election to be held November 4, 2025, the voters shall be
permitted to vote in a statewide referendum to express their
opinion on whether the legislature should repeal the additional
abortion restriction.
SECTION 2. BALLOT PROPOSITION. The ballot for the
referendum shall be printed to provide for voting for or against the
proposition: “The legislature should repeal each additional
restriction on access to abortion enacted by the 89th Legislature,
Regular Session, 2025.”
SECTION 3. FORM OF BALLOT. The referendum proposition
shall be printed on the ballot beneath any proposed constitutional
amendments under the heading: “Referendum Proposition.” Beneath
the heading shall be printed the following: “This referendum is an
expression of public opinion only and has no binding effect as law.”
SECTION 4. ELECTION PROCEDURE. (a) Notice of the election
shall be given by inclusion of the proposition in the governor’s
proclamation ordering the election on any proposed amendment to the
state constitution and in each county judge’s notice of that
election. If a proposed amendment to the state constitution is not
to be voted on in conjunction with the statewide referendum, notice
of the referendum election shall be given and the election held in
the manner applicable to a constitutional amendment election.
(b) Returns of the votes cast on the proposition shall be
made and canvassed in the same manner as the returns on a proposed
constitutional amendment.
(c) Immediately after the governor certifies the results of
the election, the secretary of state shall transmit a copy of the
certification to the speaker of the house of representatives and
the lieutenant governor.
SECTION 5. STATEMENT OF LEGISLATIVE INTENT. It is the
legislature’s strong intention that, though the legislature has
rarely conducted a referendum on matters of statewide importance,
given the importance of this particular issue in this state, the
will of the people should be considered.
SECTION 6. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2025.
