By Madden, Maxey, Danburg, Denny, H.B. No. 298
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to election dates, office hours for election purposes, and
1-3 information concerning cost savings in the conduct of elections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 31, Election Code, is
1-6 amended by adding Section 31.008 to read as follows:
1-7 Sec. 31.008. COLLECTION OF INFORMATION: FORUM ON ELECTION
1-8 COST SAVINGS. (a) The secretary of state shall collect and
1-9 maintain information on the number of elections held in this state
1-10 and the administrative costs associated with the elections.
1-11 (b) The secretary of state shall conduct an annual forum to
1-12 allow election officials from political subdivisions to exchange
1-13 ideas on the administration of elections, including issues related
1-14 to cost savings and efficiency in the conduct of elections. The
1-15 election officials shall be given the opportunity at the forum to
1-16 make recommendations on proposed changes in the election laws.
1-17 SECTION 2. Section 31.122, Election Code, is amended to read
1-18 as follows:
1-19 Sec. 31.122. Office Hours of an Election Authority During
1-20 Election Period. (a) Except as provided by Section 31.123, each
1-21 county clerk, city secretary, or secretary of the governing body of
1-22 a political subdivision other than a county or city or the
1-23 authority performing the duties of a secretary under this code
1-24 shall keep that officer's office open for election duties for at
1-25 least three hours each day, during regular office hours, on regular
2-1 business days during the period:
2-2 (1) beginning not later than the 50th day before the
2-3 date of each general election of the political subdivision or the
2-4 third day after the date a special election is ordered by an
2-5 authority of the political subdivision; and
2-6 (2) ending not earlier than the 40th day after
2-7 election day.
2-8 (b) If the political subdivision is an independent school
2-9 district, a regular business day means a day on which the school
2-10 district's main business office is regularly open for business.
2-11 SECTION 3. Section 41.001, Election Code, is amended by
2-12 amending Subsection (b) and adding Subsections (c) and (d) to read
2-13 as follows:
2-14 (b) Subsection (a) does not apply to:
2-15 (1) a runoff election;
2-16 (2) a local option election held under the Alcoholic
2-17 Beverage Code;
2-18 (3) [an election for the issuance or assumption of
2-19 bonds or the levy of a tax for the maintenance of a public school
2-20 or college, if the governing body of the political subdivision
2-21 issuing or assuming the bonds or levying the tax, by resolution,
2-22 order, or ordinance, finds that holding the election on a date
2-23 other than a uniform election date is in the public interest, which
2-24 finding is conclusive and incontestable;]
2-25 [(4)] an election to resolve a tie vote;
2-26 (4) [(5)] an election held under an order of a court
2-27 or other tribunal;
3-1 (5) [(6)] an emergency election ordered under Section
3-2 41.0011;
3-3 (6) [(7)] an expedited election to fill a vacancy in
3-4 the legislature held under Section 203.013; or
3-5 (7) [(8)] an election held by a political subdivision
3-6 using the convention method of election[;]
3-7 [(9) an election held under a statute that expressly
3-8 provides that the requirement of Subsection (a) does not apply to
3-9 the election; or]
3-10 [(10) an election to recall an officer of a political
3-11 subdivision].
3-12 (c) A general election of officers of a city, school
3-13 district, junior college district, or hospital district may not be
3-14 held on the January or August uniform election date.
3-15 (d) An election, other than an election described by
3-16 Subsection (b)(1), (3), (6), or (7), may not be held during the
3-17 period beginning the 30th day before a primary election or the
3-18 general election for state and county officers and ending the 30th
3-19 day after election day.
3-20 SECTION 4. Section 41.0052(a), Election Code, is amended to
3-21 read as follows:
3-22 (a) The governing body of a political subdivision other than
3-23 a county may, not later than December 31, 1997 [1993], change the
3-24 date on which it holds its general election for officers to another
3-25 authorized uniform election date. An election on the new date may
3-26 not be held before 1998 [1994].
3-27 SECTION 5. Section 9.004(b), Local Government Code, is
4-1 amended to read as follows:
4-2 (b) The ordinance ordering the election shall provide for
4-3 the election to be held on the first authorized uniform election
4-4 date prescribed by the Election Code or on the earlier of the date
4-5 of the next municipal general election or presidential general
4-6 election. The election date must allow [that allows] sufficient
4-7 time to comply with other requirements of law and must occur [that
4-8 occurs] on or after the 30th day after the date the ordinance is
4-9 adopted.
4-10 SECTION 6. (a) Subchapter A, Chapter 41, Election Code, is
4-11 amended by adding Section 41.0031 to read as follows:
4-12 Sec. 41.0031. ELECTIONS IN MARCH IN CERTAIN POLITICAL
4-13 SUBDIVISIONS. (a) This section applies only to:
4-14 (1) a city with a population of more than 450,000 in
4-15 which all members of the city's governing body are elected at
4-16 large;
4-17 (2) an independent school district or public junior
4-18 college district with a service area that is primarily the same as
4-19 that of a city described by Subdivision (1);
4-20 (3) a metropolitan transit authority with a principal
4-21 city described by Subdivision (1).
4-22 (b) A general or special election of officers of a political
4-23 subdivision covered by this section shall be held on the fourth
4-24 Saturday in March.
4-25 (b) Section 7(c), Chapter 429, Acts of the 70th Legislature,
4-26 Regular Session, 1987, is amended to read as follows:
4-27 (c) The directors elected at the first election shall draw
5-1 lots for three four-year terms and two two-year terms. Thereafter,
5-2 all directors shall serve four-year terms, and all director's
5-3 elections shall occur on the fourth Saturday in March [May general
5-4 election date] of even-numbered years.
5-5 (c) The governing body of a political subdivision holding an
5-6 election under Subsection (a) of this section shall adjust the
5-7 terms of office to conform to the new election date. The governing
5-8 body shall adjust the election schedule to conform to the new date
5-9 as provided by Section 41.006, Election Code.
5-10 (d) This section prevails over another Act of the 75th
5-11 Legislature, Regular Session, 1997, to the extent of a conflict.
5-12 SECTION 7. Section 41.003, Election Code, is repealed.
5-13 SECTION 8. (a) An election that is ordered before the
5-14 effective date of this Act and that is described by Subdivision
5-15 (3), (9), or (10), Section 41.001(b), Election Code, as it existed
5-16 immediately before the effective date of this Act, is subject to
5-17 that prior law, and the prior law is continued in effect for that
5-18 purpose.
5-19 (b) Notwithstanding an election date prescribed under a
5-20 statute that expressly provides that the requirement of Section
5-21 41.001(a), Election Code, does not apply to the election, an
5-22 election held under the statute shall be held on an authorized
5-23 uniform election date as provided by Chapter 41, Election Code.
5-24 (c) The prohibition on using the August uniform election
5-25 date under Section 41.001(c), Election Code, as added by this Act,
5-26 does not apply to an election to be held on that date in 1997.
5-27 (d) Section 41.006, Election Code, applies to the change in
6-1 election dates under this Act.
6-2 (e) If this Act conflicts with another Act of the 75th
6-3 Legislature, Regular Session, 1997, the changes in law made by this
6-4 Act prevail to the extent of the conflict regardless of the
6-5 relative dates of enactment.
6-6 SECTION 9. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.