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.