By Madden                                              H.B. No. 257
       74R468 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, Election Code, is amended by
    1-6  amending Subsection (b) and adding Subsection (c) to read as
    1-7  follows:
    1-8        (b)  Subsection (a) does not apply to:
    1-9              (1)  a runoff election;
   1-10              (2)  a local option election held under the Alcoholic
   1-11  Beverage Code;
   1-12              (3)  <an election for the issuance or assumption of
   1-13  bonds or the levy of a tax for the maintenance of a public school
   1-14  or college, if the governing body of the political subdivision
   1-15  issuing or assuming the bonds or levying the tax, by resolution,
   1-16  order, or ordinance, finds that holding the election on a date
   1-17  other than a uniform election date is in the public interest, which
   1-18  finding is conclusive and incontestable;>
   1-19              <(4)>  an election to resolve a tie vote;
   1-20              (4) <(5)>  an election held under an order of a court
   1-21  or other tribunal;
   1-22              (5) <(6)>  an emergency election ordered under Section
   1-23  41.0011; or
   1-24              (6) <(7)>  an expedited election to fill a vacancy in
    2-1  the legislature held under Section 203.013<;>
    2-2              <(8)  an election held by a political subdivision using
    2-3  the convention method of election;>
    2-4              <(9)  an election held under a statute that expressly
    2-5  provides that the requirement of Subsection (a) does not apply to
    2-6  the election; or>
    2-7              <(10)  an election to recall an officer of a political
    2-8  subdivision>.
    2-9        (c)  An election, other than an election described by
   2-10  Subsection (b)(1), (3), or (6), may not be held during the period
   2-11  beginning the 30th day before a primary election or the general
   2-12  election for state and county officers and ending the 30th day
   2-13  after election day.
   2-14        SECTION 2.  (a)  An election that is ordered before the
   2-15  effective date of this Act and that is described by Subdivision
   2-16  (3), (8), (9), or (10), Section 41.001(b), Election Code, as it
   2-17  existed immediately before the effective date of this Act, is
   2-18  subject to that prior law, and the prior law is continued in effect
   2-19  for that purpose.
   2-20        (b)  Notwithstanding an election date prescribed under a
   2-21  statute that expressly provides that the requirement of Section
   2-22  41.001(a), Election Code, does not apply to the election, an
   2-23  election held under the statute shall be held on an authorized
   2-24  uniform election date as provided by Chapter 41, Election Code.
   2-25        SECTION 3.  This Act takes effect September 1, 1995.
   2-26        SECTION 4.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.