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 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
2-1 least three hours each day, during regular office hours, on regular
2-2 business days during the period:
2-3 (1) beginning not later than the 50th day before the
2-4 date of each general election of the political subdivision or the
2-5 third day after the date a special election is ordered by an
2-6 authority of the political subdivision; and
2-7 (2) ending not earlier than the 40th day after
2-8 election day.
2-9 (b) If the political subdivision is an independent school
2-10 district, a regular business day means a day on which the school
2-11 district's main business office is regularly open for business.
2-12 SECTION 3. Section 41.001, Election Code, is amended by
2-13 adding Subsection (c) to read as follows:
2-14 (c) A general election of officers of a city, school
2-15 district, junior college district, or hospital district may not be
2-16 held on the January or August uniform election date.
2-17 SECTION 4. Section 41.0052(a), Election Code, is amended to
2-18 read as follows:
2-19 (a) The governing body of a political subdivision other than
2-20 a county may, not later than December 31, 1997 [1993], change the
2-21 date on which it holds its general election for officers to another
2-22 authorized uniform election date. An election on the new date may
2-23 not be held before 1998 [1994].
2-24 SECTION 5. Section 9.004(b), Local Government Code, is
2-25 amended to read as follows:
2-26 (b) The ordinance ordering the election shall provide for
2-27 the election to be held on the first authorized uniform election
3-1 date prescribed by the Election Code or on the earlier of the date
3-2 of the next municipal general election or presidential general
3-3 election. The election date must allow [that allows] sufficient
3-4 time to comply with other requirements of law and must occur [that
3-5 occurs] on or after the 30th day after the date the ordinance is
3-6 adopted.
3-7 SECTION 6. (a) Subchapter A, Chapter 41, Election Code, is
3-8 amended by adding Section 41.0053 to read as follows:
3-9 Sec. 41.0053. ELECTIONS ON SPRING UNIFORM DATE IN CERTAIN
3-10 POLITICAL SUBDIVISIONS. (a) This section applies only to:
3-11 (1) a city with a population of more than 450,000 in
3-12 which all members of the city's governing body are elected at
3-13 large;
3-14 (2) an independent school district or public junior
3-15 college district with a service area that is primarily the same as
3-16 that of a city described by Subdivision (1); and
3-17 (3) a metropolitan transit authority with a principal
3-18 city described by Subdivision (1).
3-19 (b) A general or special election of officers of a political
3-20 subdivision covered by this section shall be held on the spring
3-21 uniform election date.
3-22 (b) Section 7(c), Chapter 429, Acts of the 70th Legislature,
3-23 Regular Session, 1987, is amended to read as follows:
3-24 (c) The directors elected at the first election shall draw
3-25 lots for three four-year terms and two two-year terms. Thereafter,
3-26 all directors shall serve four-year terms, and all director's
3-27 elections shall occur on the spring uniform [May general] election
4-1 date of even-numbered years.
4-2 (c) The governing body of a political subdivision holding an
4-3 election under Subsection (a) of this section shall adjust the
4-4 terms of office to conform to the new election date. The governing
4-5 body shall adjust the election schedule to conform to the new date
4-6 as provided by Section 41.006, Election Code.
4-7 (d) This section prevails over another Act of the 75th
4-8 Legislature, Regular Session, 1997, to the extent of a conflict.
4-9 SECTION 7. Section 41.003, Election Code, is repealed.
4-10 SECTION 8. (a) An election that is ordered before the
4-11 effective date of this Act and that is described by Subdivision
4-12 (3), (9), or (10), Section 41.001(b), Election Code, as it existed
4-13 immediately before the effective date of this Act, is subject to
4-14 that prior law, and the prior law is continued in effect for that
4-15 purpose.
4-16 (b) Notwithstanding an election date prescribed under a
4-17 statute that expressly provides that the requirement of Section
4-18 41.001(a), Election Code, does not apply to the election, an
4-19 election held under the statute shall be held on an authorized
4-20 uniform election date as provided by Chapter 41, Election Code.
4-21 (c) The prohibition on using the August uniform election
4-22 date under Section 41.001(c), Election Code, as added by this Act,
4-23 does not apply to an election to be held on that date in 1997.
4-24 (d) Section 41.006, Election Code, applies to the change in
4-25 election dates under this Act.
4-26 (e) If this Act conflicts with another Act of the 75th
4-27 Legislature, Regular Session, 1997, the changes in law made by this
5-1 Act prevail to the extent of the conflict regardless of the
5-2 relative dates of enactment.
5-3 SECTION 9. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended,
5-8 and that this Act take effect and be in force from and after its
5-9 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 298 was passed by the House on May
14, 1997, by the following vote: Yeas 137, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 298 on May 25, 1997, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 298 on May 31, 1997, by the following vote: Yeas 143,
Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 298 was passed by the Senate, with
amendments, on May 23, 1997, by the following vote: Yeas 25, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
298 on May 31, 1997, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor