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.