By Flores H.B. No. 2070
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 14<, 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
2-1 an election shall be held in each new district to fill the position
2-2 for that district.
2-3 (e) The districts must be compact and contiguous and as
2-4 equal as practicable in population.
2-5 (f) A municipality having the population provided by
2-6 Subsection (a) according to the 1980 federal decennial census and
2-7 covered by Subsection (a) under the 1990 federal decennial census
2-8 must comply with Subsection (a) not later than May 1, 1994 <1992>.
2-9 Before that date, the governing body of the municipality may
2-10 implement the transition to a governing body that complies with
2-11 Subsection (a) as it determines appropriate.
2-12 (g) A municipality to which this section applies for the
2-13 first time under the 1990 or a subsequent federal decennial census
2-14 must comply with Subsection (a) before the next January 1 that
2-15 occurs at least one year after the date the official census data
2-16 for the municipality is made public by the United States Bureau of
2-17 the Census.
2-18 <(h) Subsections (a) through (f) apply to a municipality
2-19 having the population described by Subsection (a) under the 1980
2-20 and 1990 federal decennial censuses only if a finding is made that
2-21 representation of the citizens of the municipality requires that
2-22 the governing body consist of members as required by Subsection
2-23 (a). The finding must be made by the voters of the municipality
2-24 voting at an election on the question. The mayor of the
2-25 municipality shall order an election on the question for the
3-1 November 1991 uniform election date. The mayor shall order the
3-2 ballot for the election to be printed to provide for voting for or
3-3 against the proposition: "Representation of the citizens of the
3-4 municipality of (name of the municipality) requires that the
3-5 governing body of the municipality consist of (a description of the
3-6 requirements of Subsection (a)." If a majority of the votes cast
3-7 at the election favor the proposition, the finding required by this
3-8 subsection is considered to have been made, and this section shall
3-9 be implemented in the municipality. If a majority of the votes
3-10 cast are not in favor of the proposition, this section has no
3-11 effect in the municipality.>
3-12 <(i) If this section takes effect on or before July 1, 1991,
3-13 the election as required by Subsection (h) shall be held on August
3-14 10, 1991, as required by Section 41.001, Election Code, instead of
3-15 on the November 1991 uniform election date.>
3-16 <(j) If a vacancy occurs on the governing body of a
3-17 municipality with a population of 1.5 million or more and more than
3-18 one year remains in the unexpired term, the governing body shall
3-19 order a special election to fill the vacancy. The special election
3-20 shall be conducted in the same manner as the municipality's general
3-21 election except as provided by provisions of the Election Code
3-22 applicable to special elections to fill vacancies.>
3-23 SECTION 2. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house is suspended, and this rule is hereby suspended,
4-3 and that this Act take effect and be in force from and after its
4-4 passage, and it is so enacted.