Tex. Civ. Prac. & Rem. Code § 30.023 · Chapter 30. MISCELLANEOUS PROVISIONS
SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL AMENDMENT ELECTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section applies only to a contest of an election on a proposed constitutional amendment.
(b) The contestant's petition must be filed and service of citation on the secretary of state must be obtained before the final official canvass is completed.
(c) The filing of an election contest does not suspend implementation of a constitutional amendment approved by the majority of the votes cast.
(c-1) The trial court must ensure a written ruling on a pretrial motion before the court is entered not later than the 30th day after the date the motion is filed.
(d) The trial date may not be earlier than the 45th day after the date of the contested election except at the request of the contestant. The trial court must ensure the judgment of the court is not filed later than the 180th day after the date of the contested election.
(e) If an amended petition alleging additional grounds of contest is filed, the contest may not be called for trial earlier than the 20th day after the date the amended petition is filed unless the secretary of state agrees to calling the contest for trial at an earlier date.
(f) The court shall include in its judgment in a contest an order directing the governor to declare the election valid or void, as appropriate, not later than the 10th day after the date the judgment becomes final.
(g) Any question relating to the validity or outcome of a constitutional amendment election may be raised in an election contest. A contest is the exclusive method for adjudicating such questions.
(h) If a contestant files an appeal of the contest, the appellate court must ensure that the action is brought to final disposition not later than the 60th day after the date the judgment becomes final.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1989, 71st Leg., ch. 163, Sec. 9, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 280 (S.B. 1054), Sec. 1, eff. September 1, 2023.
Transferred, redesignated and amended from Election Code, Section 233.014 by Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 9.12(a), eff. December 4, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.30.htm
- Text hash
- sha256 de805475a0b0c1028ad42b6b8e53f2bfda1c6e0794b11c9bca9ce5c9c123f0c0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 30.023. Each shows the citation as that text prints it.
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