Tex. Elec. Code § 273.102 · Subchapter F. BALLOT PROPOSITION LANGUAGE ENFORCEMENT PROVISIONS
MANDAMUS ACTIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In an action in a court of competent jurisdiction seeking a writ of mandamus to compel the city's governing body to comply with the requirement that a ballot proposition must substantially submit the question with such definiteness, certainty, and facial neutrality that the voters are not misled, the court shall make its determination without delay and may order the city to use ballot proposition language drafted by the court.
(b) Except as provided by Subsection (d), the court may award a plaintiff or relator who substantially prevails in a mandamus action described by Subsection (a) the party's reasonable attorney's fees, expenses, and court costs.
(c) Governmental immunity to suit is waived and abolished only to the extent of the liability created by Subsection (b).
(d) If, pursuant to Section 273.101, the secretary of state determines that a proposition is not misleading, inaccurate, or prejudicial, or drafts the ballot proposition language, a plaintiff or relator who prevails in a mandamus action described by Subsection (a) may not be awarded the party's reasonable attorney's fees, expenses, or court costs.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 974 (S.B. 506), Sec. 3, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/EL/htm/EL.273.htm
- Text hash
- sha256 dcb506152cb8480fc9397430b62e4463e435430faad60c697a5697598694b4e8
- 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
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