By: Madden H.B. No. 1282
73R5401 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exceptions to the requirement to hold elections on a
1-3 uniform election date.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.001(b), Election Code, is amended to
1-6 read as follows:
1-7 (b) Subsection (a) does not apply to:
1-8 (1) a runoff election;
1-9 (2) <a local option election held under the Alcoholic
1-10 Beverage Code;>
1-11 <(3) an election for the issuance or assumption of
1-12 bonds or the levy of a tax for the maintenance of a public school
1-13 or college, if the governing body of the political subdivision
1-14 issuing or assuming the bonds or levying the tax, by resolution,
1-15 order, or ordinance, finds that holding the election on a date
1-16 other than a uniform election date is in the public interest, which
1-17 finding is conclusive and incontestable;>
1-18 <(4)> an election to resolve a tie vote;
1-19 (3) <(5)> an election held under an order of a court
1-20 or other tribunal;
1-21 (4) <(6)> an emergency election ordered under Section
1-22 41.0011; or
1-23 (5) <(7)> an expedited election to fill a vacancy in
1-24 the legislature held under Section 203.013<;>
2-1 <(8) an election held by a political subdivision using
2-2 the convention method of election; or>
2-3 <(9) an election held under a statute that expressly
2-4 provides that the requirement of Subsection (a) does not apply to
2-5 the election>.
2-6 SECTION 2. (a) An election that is ordered before the
2-7 effective date of this Act and that is described by Subdivision
2-8 (2), (3), (8), or (9), Section 41.001(b), Election Code, as it
2-9 existed immediately before the effective date of this Act, is
2-10 subject to that prior law, and the prior law is continued in effect
2-11 for that purpose.
2-12 (b) Notwithstanding an election date prescribed under a
2-13 statute that expressly provides that the requirement of Section
2-14 41.001(a), Election Code, does not apply to the election, an
2-15 election held under the statute shall be held on an authorized
2-16 uniform election date as provided by Chapter 41, Election Code.
2-17 SECTION 3. This Act takes effect September 1, 1993.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.