Understanding Texas' Lawmaking: From Proposition To Enactment

In Texas, a proposition can become a law if it is approved by the general public in an election. Before a proposition can be added to the ballot, legislators must first agree to include it by voting on a legislative document called a resolution. If the resolution passes with a two-thirds majority vote in both the House of Representatives and the Senate, voters can then decide to approve or reject the proposed amendment in the general election. If more than 50% of voters vote in favour of the proposition, it becomes law.

Ballot proposition formatting

• Placement and Labelling: Senate Bill 957, effective from June 1, 2017, outlines specific guidelines for the placement and labelling of propositions on the ballot.
• Constitutional Amendment First: According to Section 274.004, a proposed constitutional amendment must be placed on the ballot before all other propositions.
• Numbering of Statewide Propositions: Only statewide propositions can be assigned numbers (Proposition 1, 2, etc.). These numbers correspond to the order of the propositions on the ballot, and the authority ordering the election assigns them.
• Lettering of Local Propositions: For non-statewide propositions, or local propositions, letters of the alphabet are used instead of numbers. Each local proposition is assigned a unique letter that corresponds to its order on the ballot. The authority ordering the election must also be identified in the proposition.
• Format for Local Propositions: The Office of the Secretary of State prescribes the format for local propositions. The name of the authority ordering the election appears first as a heading, followed by a list of propositions for that authority. Each proposition title includes the name of the authority and the assigned letter.
• Examples: For a county-ordered election, the ballot might read, "Sample County Special Election," followed by propositions titled "County of Sample Proposition A," "Sample County Proposition A," or other titles clearly identifying the county and using the corresponding letter. Similarly, for a city-ordered election, the heading might be "City of Sample Special Election," with propositions like "City of Sample Proposition A" or "Sample City Proposition A."
• Flexibility: While specific guidelines must be followed, there is some flexibility in how the propositions are titled, as long as they clearly identify the authority ordering the election and use the correct letter corresponding to their order on the ballot.

The formatting of ballot propositions is a critical step in ensuring compliance with legal requirements and providing clarity to voters. By following these guidelines, Texas ensures that the ballot propositions are presented in a standardised and easily understandable format for voters.

Constitutional amendment process

The Texas Constitution sets out the ground rules for government in Texas and can only be changed through a two-step process.

Firstly, the Texas Legislature must pass a joint resolution proposing the amendment. Any member of either chamber of the Texas Legislature may introduce a joint resolution, but two-thirds of the members must then approve the joint resolution (a minimum of 100 members of the Texas House and 21 members of the Texas Senate) for it to be placed on the ballot.

Secondly, a majority of Texas voters must approve the amendment in a special election, known as a constitutional amendment election or ratification election. These elections normally take place in odd-numbered years after regular sessions of the legislature. The secretary of state is required to widely publicize the proposed amendments ahead of the election, including a brief explanatory statement of the nature of each proposed amendment, the date of the election, and the wording of the proposition as it will appear on the ballot. After the votes are cast, the returning officer in each county submits the returns to the Secretary of State. If a majority of the votes cast were in favor of an amendment, the governor must issue a proclamation to that effect, and the amendment becomes part of the Constitution.

Legislative document resolutions

In the state of Texas, legislative measures fall into two categories: bills and resolutions. These are the documents through which the Texas Legislature expresses its will, and they are examined daily during a legislative session.

Bills are proposals to change state law by adding a new law or by changing provisions of an existing statute. They are easily identifiable by their basic structure, with each bill beginning with the words "A Bill to be Enacted" printed in the middle at the top of its first page.

Resolutions, on the other hand, are statements of opinion and do not carry the force of law. They cover a wide range of issues and come in three forms: Joint Resolutions, Concurrent Resolutions, and Simple Resolutions.

Joint Resolutions are proposals to amend the Texas Constitution or ratify changes to the US Constitution. Concurrent Resolutions are typically expressions of the Legislature's feelings on a subject, instructions to state agencies, or proposals for a special study during the interim between legislative sessions. Simple Resolutions are often used to express the Legislature's sympathy upon a death or to offer congratulations to an individual or group for an accomplishment.

To distinguish one resolution from another, a letter and numbering system is used. For example, the fourth Joint Resolution filed in the House would be denoted as HJR No.4, while the fourth Joint Resolution filed in the Senate would be SJR No.4. Concurrent Resolutions and Simple Resolutions originating in the House are labelled as HCR No. and HR No., respectively, while those introduced in the Senate are labelled SCR No. and SR No.

Both the House and Senate must adopt Concurrent and Joint Resolutions. In contrast, Simple Resolutions are considered only by the chamber in which they are introduced.

In the context of a proposition becoming a law in Texas, a legislative document called a "resolution" is crucial. Before the public can vote on an amendment, legislators must agree to add the proposition to the ballot by voting on a resolution. If the resolution passes with a two-thirds majority in both the House of Representatives and the Senate, voters will have the opportunity to approve or reject the proposed amendment in the general election. If more than 50% of voters support the proposition, it becomes law when the results are officially confirmed, unless the resolution specifies a different effective date.

Voter approval

Firstly, before a proposition can be presented to the voters, legislators must agree to include it on the ballot. This is done by voting on a legislative document known as a "resolution." If the resolution passes with a two-thirds majority in both the House of Representatives and the Senate, the proposition is then put forward to the voters. This step ensures that the proposed amendment has sufficient support among legislators before being presented to the public.

Once a proposition is on the ballot, voters have the power to approve or reject it. In Texas, if more than 50% of the voters vote in favor of a proposition, it becomes law. This direct form of democracy allows citizens to have a direct say in shaping the laws and policies that govern their state. The voter approval process empowers Texans to have a direct impact on issues that affect their lives and the future of their state.

It is important to note that not all propositions on a ballot are intended to become laws or constitutional amendments. In the 2024 Republican primary elections, for example, the Texas GOP included 13 propositions on their ballot that served as an opinion survey to gauge the views of Republican voters. These propositions ranged from questions on immigration and taxation to the deployment of the Texas National Guard. While these propositions provided valuable insight into the preferences of Republican voters, they were not designed to become laws.

The voter approval process in Texas also has specific requirements for the placement and labeling of propositions on the ballot. According to Senate Bill 957, proposed constitutional amendments must be placed on the ballot before all other propositions. Additionally, only statewide propositions can be assigned numbers, while local propositions must be assigned unique letters of the alphabet. These provisions ensure that voters can easily identify and understand the propositions they are voting on.

In conclusion, voter approval is an essential step in the process of turning a proposition into law in Texas, especially when it comes to amending the state's constitution. By requiring majority support from the public, Texas ensures that new laws reflect the values and priorities of its citizens. The process of voter approval, therefore, strengthens the democratic nature of the state's legislative system and empowers Texans to have a direct say in the laws that govern them.

The role of the governor

The governor plays a crucial role in the process of a proposition becoming a law in Texas. Firstly, the governor has the power to influence which propositions are added to the ballot for voters to decide on. The governor's office can propose constitutional amendments or other ballot measures, working with the legislature to shape the content and wording of these propositions.

Once a proposition has been approved by the voters, the governor's role continues in enacting it into law. If a proposition passes with the required majority, the governor will typically issue a proclamation acknowledging the result and providing further details on the implementation of the new law. In some cases, the governor's proclamation may outline a specific timeframe for the law to take effect, which can be different from the standard implementation process.

Additionally, the governor has the authority to sign or veto any legislation that is passed by the Texas Legislature. This includes bills and resolutions that may be related to or impact the propositions. The governor's signature is required for a bill to become law, except in cases where the legislature overrides a veto with a two-thirds majority vote in both chambers.

The governor also has the power to call special sessions of the legislature, which can be used to address specific issues or advance certain policy agendas. These sessions provide opportunities to introduce and debate additional legislation outside the regular legislative session, potentially including propositions that have been approved by voters.

Overall, the governor of Texas has significant influence over the process of a proposition becoming a law, from its initial proposal to its final implementation and enforcement.

Frequently asked questions