MAD C.S.H.B. 298 75(R) BILL ANALYSIS ELECTIONS C.S.H.B. 298 By: Madden 4-15-97 Committee Report (Substituted) BACKGROUND Current statute allows special elections for Alcoholic Beverage Code options and bond elections for public schools and colleges to be held on dates other than the Uniform Election Dates set forth in Section 41.001(a) of the Election Code. These exemptions from the uniform election dates result in many more elections per year, and increase costs to the taxpayer. Current code also preserves the exemption for the convention method of election, which is now rare in Texas (some Soil and Water Conservation Districts elect board members in this manner), lets statute-invoked election dates override the Uniform Election Dates provision, and permits the recall election of a political subdivision officer at any time. This unnecessary smorgasbord of different election dates causes confusion and low voter turnout coupled with added taxpayer expense. PURPOSE H.B. 298 would eliminate the exemption from uniform election dates for public school and college bond elections, political subdivisions using the convention method of election, any election to recall an officer of a political subdivision, and elections on different dates prescribed by statute, retaining said exemption for Alcoholic Beverage Code local options. It also keeps the calendar free of elections 30 days either side of a primary or general election date for state and county officers unless a runoff, tie vote or expedited election to fill a vacancy in the legislature is to be decided. 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: Adds Section 31.008, Election Code, entitled "COLLECTION OF INFORMATION: FORUM ON ELECTION COST SAVINGS." Requires the secretary of state to collect and maintain information on the number of elections held in this state and the administrative costs associated with the elections. Requires the secretary of state to conduct an annual election issues forum. SECTION 2: Amends Section 41.001(b) of the Election Code by striking Subsection (3), (9) and (10) and renumbering the remaining sections. A new Subsection (c) is added to prohibit any election from being held 30 days in advance of or subsequent to a primary or general election for state and county officers except for elections described in Subsection (b) (1), (3), or (6). SECTION 3: Amends Section 41.003 (3), Election Code, by deleting language which allows a general or special election of officers of a home-rule city with a population under 30,000 to be held on the date of the general election, if before 1975 the general election of the city's officers was held on that date in even-numbered years. SECTION 4: Amends Section 9.004(b), Local Government Code, which provides for the first authorized uniform election date to be on the earlier of the date of the next municipal general election or presidential general election as long as the election date allows sufficient time to comply with other requirements of law and must occur on or after the 30th day after the date the ordinance is adopted. SECTION 5: Grandfather clause. SECTION 6: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 2. original changed to reinstate Section 41.001(b)(8), Election Code, making an election held by a political subdivision using the convention method of election inapplicable to Subsection (a).