By Madden                                        H.B. No. 298

      75R2033 GGS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to exceptions to the requirement to hold elections on a

 1-3     uniform election date.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 41.001, Election Code, is amended by

 1-6     amending Subsection (b) and adding Subsection (c) to read as

 1-7     follows:

 1-8           (b)  Subsection (a) does not apply to:

 1-9                 (1)  a runoff election;

1-10                 (2)  a local option election held under the Alcoholic

1-11     Beverage Code;

1-12                 (3)  [an election for the issuance or assumption of

1-13     bonds or the levy of a tax for the maintenance of a public school

1-14     or college, if the governing body of the political subdivision

1-15     issuing or assuming the bonds or levying the tax, by resolution,

1-16     order, or ordinance, finds that holding the election on a date

1-17     other than a uniform election date is in the public interest, which

1-18     finding is conclusive and incontestable;]

1-19                 [(4)]  an election to resolve a tie vote;

1-20                 (4) [(5)]  an election held under an order of a court

1-21     or other tribunal;

1-22                 (5) [(6)]  an emergency election ordered under Section

1-23     41.0011; or

1-24                 (6) [(7)]  an expedited election to fill a vacancy in

 2-1     the legislature held under Section 203.013[;]

 2-2                 [(8)  an election held by a political subdivision using

 2-3     the convention method of election;]

 2-4                 [(9)  an election held under a statute that expressly

 2-5     provides that the requirement of Subsection (a) does not apply to

 2-6     the election; or]

 2-7                 [(10)  an election to recall an officer of a political

 2-8     subdivision].

 2-9           (c)  An election, other than an election described by

2-10     Subsection (b)(1), (3), or (6), may not be held during the period

2-11     beginning the 30th day before a primary election or the general

2-12     election for state and county officers and ending the 30th day

2-13     after election day.

2-14           SECTION 2.  (a)  An election that is ordered before the

2-15     effective date of this Act and that is described by Subdivision

2-16     (3), (8), (9), or (10), Section 41.001(b), Election Code, as it

2-17     existed immediately before the effective date of this Act, is

2-18     subject to that prior law, and the prior law is continued in effect

2-19     for that purpose.

2-20           (b)  Notwithstanding an election date prescribed under a

2-21     statute that expressly provides that the requirement of Section

2-22     41.001(a), Election Code, does not apply to the election, an

2-23     election held under the statute shall be held on an authorized

2-24     uniform election date as provided by Chapter 41, Election Code.

2-25           SECTION 3.  This Act takes effect September 1, 1997.

2-26           SECTION 4.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended.