Texas Civil Practice and Remedies Code

§ 30.023 — SPECIAL PROCEDURES FOR CONTEST OF CONSTITUTIONAL AMENDMENT ELECTION

CP § 30.023Title 2. TRIAL, JUDGMENT, AND APPEAL · Part B. TRIAL MATTERS · Ch. 30. MISCELLANEOUS PROVISIONS

Statute text

(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.

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Legislative history

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.