By:  Gallegos, Mario                                  H.B. No. 1487
       73R5997 CAG-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the election from single-member districts of the
    1-3  governing body of a municipality with a population of 1.5 million
    1-4  or more.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 26.044, Local Government Code, is amended
    1-7  to read as follows:
    1-8        Sec. 26.044.  ELECTION FROM SINGLE-MEMBER <AND AT-LARGE>
    1-9  DISTRICTS<; LIMITATION ON YEARS OF SERVICE>.  (a)  The governing
   1-10  body of a municipality with a population of 1.5 million or more
   1-11  must consist of one mayor elected at large and<,> 16 members
   1-12  elected from single-member districts<, and six members elected at
   1-13  large>.  Each member representing a single-member district must
   1-14  reside in the district.
   1-15        (b)  This section supersedes any charter provision, <or>
   1-16  ordinance, or other law of the <adopted before January 1, 1992.
   1-17  The> municipality <may adopt a different composition or
   1-18  organization of its governing body in a manner provided by its
   1-19  charter on or after January 1, 1992>.
   1-20        (c)  The municipality may provide for the members of the
   1-21  governing body to serve staggered terms.
   1-22        (d)  After each redistricting, the terms of the members of
   1-23  the governing body representing single-member districts expire, and
   1-24  an election shall be held in each new district to fill the position
    2-1  for that district.
    2-2        (e)  The districts must be compact and contiguous and as
    2-3  equal as practicable in population.
    2-4        (f)  A municipality having the population provided by
    2-5  Subsection (a) according to the 1980 federal decennial census and
    2-6  covered by Subsection (a) under the 1990 federal decennial census
    2-7  must comply with Subsection (a) not later than May 1, 1994 <1992>.
    2-8  Before that date, the governing body of the municipality may
    2-9  implement the transition to a governing body that complies with
   2-10  Subsection (a) as it determines appropriate.
   2-11        (g)  A municipality to which this section applies for the
   2-12  first time under the 1990 or a subsequent federal decennial census
   2-13  must comply with Subsection (a) before the next January 1 that
   2-14  occurs at least one year after the date the official census data
   2-15  for the municipality is made public by the United States Bureau of
   2-16  the Census.
   2-17        <(h)  Subsections (a) through (f) apply to a municipality
   2-18  having the population described by Subsection (a) under the 1980
   2-19  and 1990 federal decennial censuses only if a finding is made that
   2-20  representation of the citizens of the municipality requires that
   2-21  the governing body consist of members as required by Subsection
   2-22  (a).  The finding must be made by the voters of the municipality
   2-23  voting at an election on the question.  The mayor of the
   2-24  municipality shall order an election on the question for the
   2-25  November 1991 uniform election date.  The mayor shall order the
   2-26  ballot for the election to be printed to provide for voting for or
   2-27  against the proposition:  "Representation of the citizens of the
    3-1  municipality of (name of the municipality) requires that the
    3-2  governing body of the municipality consist of (a description of the
    3-3  requirements of Subsection (a))."  If a majority of the votes cast
    3-4  at the election favor the proposition, the finding required by this
    3-5  subsection is considered to have been made, and this section shall
    3-6  be implemented in the municipality.  If a majority of the votes
    3-7  cast are not in favor of the proposition, this section has no
    3-8  effect in the municipality.>
    3-9        <(i)  If this section takes effect on or before July 1, 1991,
   3-10  the election as required by Subsection (h) shall be held on August
   3-11  10, 1991, as required by Section 41.001, Election Code, instead of
   3-12  on the November 1991 uniform election date.>
   3-13        <(j)  If a vacancy occurs on the governing body of a
   3-14  municipality with a population of 1.5 million or more and more than
   3-15  one year remains in the unexpired term, the governing body shall
   3-16  order a special election to fill the vacancy.  The special election
   3-17  shall be conducted in the same manner as the municipality's general
   3-18  election except as provided by provisions of the Election Code
   3-19  applicable to special elections to fill vacancies.>
   3-20        SECTION 2.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended,
   3-25  and that this Act take effect and be in force from and after its
   3-26  passage, and it is so enacted.