BILL ANALYSIS



H.J.R. 131
By: Madden
05-04-95
Committee Report (Unamended)


BACKGROUND

     The Texas Constitution contains provisions that seem to
require the holding of municipal elections when they are scheduled
regardless of the lack of candidate involvement.  Bills introduced
in both the Senate and the House propose cancelling city elections
when no opposed races or propositions are on the ballot.  In order
to remove any constitutional problems for the implementation of
such a legislative initiative were it enacted, the voters would
need to give their approval to a constitutional amendment allowing
such a measure to go into effect.

PURPOSE

     H.J.R. 131 would amend the Texas Constitution to supersede the
provisions that seem to require that city officials be elected by
the qualified electors by a majority vote of the qualified voters,
whether the candidates are opposed or not.

RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1:  Amend Article XI, Texas Constitution, by adding Section
14 to allow for--if approved legislatively--the constructive
election of a candidate to a municipal office without a vote of the
qualified voters if that candidate is unopposed on the ballot, the
deadline for filing a declaration of a write-in candidacy has
passed, and no proposition is to appear on the ballot.

SECTION 2:  Indicates the proposition's date for submission to the
voters and ballot wording.

SUMMARY OF COMMITTEE ACTION

     HJR 131 was considered by the Committee on Elections in a
public hearing on May 3, 1995.  HJR 131 was reported favorably
without amendment, with the recommendation that it do pass and be
printed, by a record vote of: 5 AYES, 0 NAYS, 0 PNV, 4 ABSENT.