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."