75R11455 GGS-D
By Madden, Maxey, Danburg, Denny, H.B. No. 298
Jones of Dallas, et al.
Substitute the following for H.B. No. 298:
By Madden C.S.H.B. No. 298
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to election dates and to information concerning cost
1-3 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 41.001, Election Code, is amended by
1-18 amending Subsection (b) and adding Subsection (c) to read as
1-19 follows:
1-20 (b) Subsection (a) does not apply to:
1-21 (1) a runoff election;
1-22 (2) a local option election held under the Alcoholic
1-23 Beverage Code;
1-24 (3) [an election for the issuance or assumption of
2-1 bonds or the levy of a tax for the maintenance of a public school
2-2 or college, if the governing body of the political subdivision
2-3 issuing or assuming the bonds or levying the tax, by resolution,
2-4 order, or ordinance, finds that holding the election on a date
2-5 other than a uniform election date is in the public interest, which
2-6 finding is conclusive and incontestable;]
2-7 [(4)] an election to resolve a tie vote;
2-8 (4) [(5)] an election held under an order of a court
2-9 or other tribunal;
2-10 (5) [(6)] an emergency election ordered under Section
2-11 41.0011;
2-12 (6) [(7)] an expedited election to fill a vacancy in
2-13 the legislature held under Section 203.013; or
2-14 (7) [(8)] an election held by a political subdivision
2-15 using the convention method of election[;]
2-16 [(9) an election held under a statute that expressly
2-17 provides that the requirement of Subsection (a) does not apply to
2-18 the election; or]
2-19 [(10) an election to recall an officer of a political
2-20 subdivision].
2-21 (c) An election, other than an election described by
2-22 Subsection (b)(1), (3), or (6), may not be held during the period
2-23 beginning the 30th day before a primary election or the general
2-24 election for state and county officers and ending the 30th day
2-25 after election day.
2-26 SECTION 3. Section 41.003, Election Code, is amended to read
2-27 as follows:
3-1 Sec. 41.003. AUTHORIZED NOVEMBER ELECTIONS IN EVEN-NUMBERED
3-2 YEAR. Only the following elections may be held on the date of the
3-3 general election for state and county officers:
3-4 (1) a general or special election for officers of the
3-5 federal, state, or county government;
3-6 (2) a general or special election of officers of a
3-7 general-law city if the city's governing body determines that the
3-8 religious beliefs of more than 50 percent of the registered voters
3-9 of the city prohibit voting on Saturday;
3-10 (3) a general or special election [of officers] of a
3-11 home-rule city [with a population under 30,000, if before 1975 the
3-12 general election of the city's officers was held on that date in
3-13 even-numbered years];
3-14 (4) an election on a proposed amendment to the state
3-15 constitution or on another statewide measure submitted by the
3-16 legislature;
3-17 (5) a countywide election on a measure that is ordered
3-18 by a county authority and that affects county government;
3-19 (6) an election on a measure submitted by order of an
3-20 authority of a city described by Subdivision (2) [or (3)];
3-21 (7) a commissioners' election of a self-liquidating
3-22 navigation district held under Section 63.0895, Water Code; and
3-23 (8) an election on a proposed home-rule school
3-24 district charter or on a proposed amendment to a home-rule school
3-25 district charter that is held under Section 12.019 or 12.020,
3-26 Education Code.
3-27 SECTION 4. 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 5. (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 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.