By:  Maxey                                             H.B. No. 435
       73R2865 MRB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the election of the governing body of certain
    1-3  municipalities with a population of 250,000 or more.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 26, Local Government Code,
    1-6  is amended by adding Section 26.045 to read as follows:
    1-7        Sec. 26.045.  ELECTION FROM SINGLE-MEMBER DISTRICTS IN
    1-8  CERTAIN MUNICIPALITIES WITH POPULATION OF 250,000 OR MORE.
    1-9  (a)  This section applies only to a municipality with a population
   1-10  of 250,000 or more, except a municipality that, on the effective
   1-11  date of the law enacting this section, has the population required
   1-12  by this subsection and either elects six or more members of the
   1-13  governing body from single-member districts or elects eight or more
   1-14  members of the governing body at large.
   1-15        (b)  The governing body of the municipality by ordinance may
   1-16  require that the governing body consist of: 
   1-17              (1)  one mayor elected at large; and
   1-18              (2)  five or more other members elected from
   1-19  single-member districts.
   1-20        (c)  Each member representing a single-member district must
   1-21  reside in the district.
   1-22        (d)  An ordinance adopted under this section supersedes any
   1-23  charter provision, ordinance, or other law of the municipality.
   1-24        (e)  The municipality may provide for the members of the
    2-1  governing body to serve staggered terms.
    2-2        (f)  After each redistricting, the terms of the members of
    2-3  the governing body representing single-member districts expire, and
    2-4  an election shall be held in each new district to fill the position
    2-5  for that district.
    2-6        (g)  The single-member districts must be compact and
    2-7  contiguous and as equal as practicable in population.
    2-8        (h)  A vacancy in a position on the governing body
    2-9  representing a single-member district that occurs when there are
   2-10  180 days or more remaining in the unexpired term shall be filled by
   2-11  a special election held in the district.   The election shall be
   2-12  held in the same manner as a general election of the municipality
   2-13  except as provided by the provisions of the Election Code for a
   2-14  special election to fill a vacancy.  The governing body of the
   2-15  municipality may provide for the method to fill any other vacancy
   2-16  in a position elected from a single-member district.
   2-17        SECTION 2.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.