BILL ANALYSIS

H.B. 5331

By: Murr

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The City of Fort Stockton has requested that the date of its general election be changed from the May uniform election date to the November uniform election date. The city believes this change will provide increased opportunity to voters, which would be advantageous to the city, its residents, and the pursuit of democracy. H.B. 5331 seeks to address the city's request to change the date on which it holds its general election.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5331 amends the Election Code to require the governing body of a city that holds its general election for officers on a date other than the November uniform election date and meets the following criteria to, not later than December 31, 2024, change the date on which it holds that election to the November uniform election date:

· has a population of 9,000 or less;

· is located predominantly in a county that has a total area of less than 4,800 square miles; and

· has adopted a council-manager form of government.

H.B. 5331 makes the following provisions applicable to the change of an election date in such a city:

· the requirement for the governing body to adjust the terms of office to conform to the new election date;

· the authorization for a home-rule city by resolution to provide for the election of all members of the governing body at the same election; and

· the provision establishing that the holdover of a member of a governing body to conform the term of office to the new election date does not constitute a vacancy for state constitutional purposes.

The bill's provisions expire January 1, 2025.

EFFECTIVE DATE

September 1, 2023.