SLC S.B. 236 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT S.B. 236 By: Lindsay (Crabb) 3-17-97 Committee Report (Amended) BACKGROUND Currently, no law exists to enforce the voting rights of qualified voters in municipally annexed areas. Municipalities can hold elections even though recently annexed voters are precluded from participating until pre-clearance of the annexation is granted from the United States Department of Justice under the Voting Rights Act. Over 35,000 qualified voters who were recently annexed were unable to participate in an election held by the City of Houston in January of this year. SB 236 provides for the enforcement of voting rights in annexed municipal areas by prohibiting a municipal election unless the annexed voters are allowed to participate. PURPOSE As proposed, SB 236 protects the voting rights of qualified voters in municipally annexed areas. 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. Amends Subchapter Z, Chapter 43, Local Government Code, by adding Section 43.905 as follows: Section 43.905. EXTENSION OF VOTING RIGHTS TO RESIDENTS OF ANNEXED AREA. This section prohibits a municipality that annexes from holding an election within 120 days after approval of the annexation, unless the municipality has received preclearance pursuant to the Federal Voting Rights Act from the United States Department of Justice. In addition, this section also sets forth types of elections to which this section does not apply. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency Clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 by Hamric States that a city "may not conduct an election within 120 days" after an annexation gets final approval. The amendment also strikes one of the provisions that allows for exemption from section 1 of the Act. Committee Amendment No. 2 by Jackson States that "no municipality with a population of 1.5 million or more shall hold an election on the third Saturday in January."