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.