1-1 By: Madden, et al. (Senate Sponsor - Ellis) H.B. No. 298
1-2 (In the Senate - Received from the House May 15, 1997;
1-3 May 16, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably, as amended, by the
1-5 following vote: Yeas 12, Nays 0; May 18, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Cain
1-7 Amend HB 298 as follows:
1-8 Strike Section 3 of the bill in its entirety, and renumber
1-9 remaining sections accordingly.
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to election dates, office hours for election purposes, and
1-13 information concerning cost savings in the conduct of elections.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Subchapter A, Chapter 31, Election Code, is
1-16 amended by adding Section 31.008 to read as follows:
1-17 Sec. 31.008. COLLECTION OF INFORMATION: FORUM ON ELECTION
1-18 COST SAVINGS. (a) The secretary of state shall collect and
1-19 maintain information on the number of elections held in this state
1-20 and the administrative costs associated with the elections.
1-21 (b) The secretary of state shall conduct an annual forum to
1-22 allow election officials from political subdivisions to exchange
1-23 ideas on the administration of elections, including issues related
1-24 to cost savings and efficiency in the conduct of elections. The
1-25 election officials shall be given the opportunity at the forum to
1-26 make recommendations on proposed changes in the election laws.
1-27 SECTION 2. Section 31.122, Election Code, is amended to read
1-28 as follows:
1-29 Sec. 31.122. Office Hours of an Election Authority During
1-30 Election Period. (a) Except as provided by Section 31.123, each
1-31 county clerk, city secretary, or secretary of the governing body of
1-32 a political subdivision other than a county or city or the
1-33 authority performing the duties of a secretary under this code
1-34 shall keep that officer's office open for election duties for at
1-35 least three hours each day, during regular office hours, on regular
1-36 business days during the period:
1-37 (1) beginning not later than the 50th day before the
1-38 date of each general election of the political subdivision or the
1-39 third day after the date a special election is ordered by an
1-40 authority of the political subdivision; and
1-41 (2) ending not earlier than the 40th day after
1-42 election day.
1-43 (b) If the political subdivision is an independent school
1-44 district, a regular business day means a day on which the school
1-45 district's main business office is regularly open for business.
1-46 SECTION 3. Section 41.001, Election Code, is amended by
1-47 amending Subsection (b) and adding Subsections (c) and (d) to read
1-48 as follows:
1-49 (b) Subsection (a) does not apply to:
1-50 (1) a runoff election;
1-51 (2) a local option election held under the Alcoholic
1-52 Beverage Code;
1-53 (3) [an election for the issuance or assumption of
1-54 bonds or the levy of a tax for the maintenance of a public school
1-55 or college, if the governing body of the political subdivision
1-56 issuing or assuming the bonds or levying the tax, by resolution,
1-57 order, or ordinance, finds that holding the election on a date
1-58 other than a uniform election date is in the public interest, which
1-59 finding is conclusive and incontestable;]
1-60 [(4)] an election to resolve a tie vote;
1-61 (4) [(5)] an election held under an order of a court
1-62 or other tribunal;
1-63 (5) [(6)] an emergency election ordered under Section
1-64 41.0011;
2-1 (6) [(7)] an expedited election to fill a vacancy in
2-2 the legislature held under Section 203.013; or
2-3 (7) [(8)] an election held by a political subdivision
2-4 using the convention method of election[;]
2-5 [(9) an election held under a statute that expressly
2-6 provides that the requirement of Subsection (a) does not apply to
2-7 the election; or]
2-8 [(10) an election to recall an officer of a political
2-9 subdivision].
2-10 (c) A general election of officers of a city, school
2-11 district, junior college district, or hospital district may not be
2-12 held on the January or August uniform election date.
2-13 (d) An election, other than an election described by
2-14 Subsection (b)(1), (3), (6), or (7), may not be held during the
2-15 period beginning the 30th day before a primary election or the
2-16 general election for state and county officers and ending the 30th
2-17 day after election day.
2-18 SECTION 4. Section 41.0052(a), Election Code, is amended to
2-19 read as follows:
2-20 (a) The governing body of a political subdivision other than
2-21 a county may, not later than December 31, 1997 [1993], change the
2-22 date on which it holds its general election for officers to another
2-23 authorized uniform election date. An election on the new date may
2-24 not be held before 1998 [1994].
2-25 SECTION 5. Section 9.004(b), Local Government Code, is
2-26 amended to read as follows:
2-27 (b) The ordinance ordering the election shall provide for
2-28 the election to be held on the first authorized uniform election
2-29 date prescribed by the Election Code or on the earlier of the date
2-30 of the next municipal general election or presidential general
2-31 election. The election date must allow [that allows] sufficient
2-32 time to comply with other requirements of law and must occur [that
2-33 occurs] on or after the 30th day after the date the ordinance is
2-34 adopted.
2-35 SECTION 6. (a) Subchapter A, Chapter 41, Election Code, is
2-36 amended by adding Section 41.0031 to read as follows:
2-37 Sec. 41.0031. ELECTIONS IN MARCH IN CERTAIN POLITICAL
2-38 SUBDIVISIONS. (a) This section applies only to:
2-39 (1) a city with a population of more than 450,000 in
2-40 which all members of the city's governing body are elected at
2-41 large;
2-42 (2) an independent school district or public junior
2-43 college district with a service area that is primarily the same as
2-44 that of a city described by Subdivision (1);
2-45 (3) a metropolitan transit authority with a principal
2-46 city described by Subdivision (1).
2-47 (b) A general or special election of officers of a political
2-48 subdivision covered by this section shall be held on the fourth
2-49 Saturday in March.
2-50 (b) Section 7(c), Chapter 429, Acts of the 70th Legislature,
2-51 Regular Session, 1987, is amended to read as follows:
2-52 (c) The directors elected at the first election shall draw
2-53 lots for three four-year terms and two two-year terms. Thereafter,
2-54 all directors shall serve four-year terms, and all director's
2-55 elections shall occur on the fourth Saturday in March [May general
2-56 election date] of even-numbered years.
2-57 (c) The governing body of a political subdivision holding an
2-58 election under Subsection (a) of this section shall adjust the
2-59 terms of office to conform to the new election date. The governing
2-60 body shall adjust the election schedule to conform to the new date
2-61 as provided by Section 41.006, Election Code.
2-62 (d) This section prevails over another Act of the 75th
2-63 Legislature, Regular Session, 1997, to the extent of a conflict.
2-64 SECTION 7. Section 41.003, Election Code, is repealed.
2-65 SECTION 8. (a) An election that is ordered before the
2-66 effective date of this Act and that is described by Subdivision
2-67 (3), (9), or (10), Section 41.001(b), Election Code, as it existed
2-68 immediately before the effective date of this Act, is subject to
2-69 that prior law, and the prior law is continued in effect for that
3-1 purpose.
3-2 (b) Notwithstanding an election date prescribed under a
3-3 statute that expressly provides that the requirement of Section
3-4 41.001(a), Election Code, does not apply to the election, an
3-5 election held under the statute shall be held on an authorized
3-6 uniform election date as provided by Chapter 41, Election Code.
3-7 (c) The prohibition on using the August uniform election
3-8 date under Section 41.001(c), Election Code, as added by this Act,
3-9 does not apply to an election to be held on that date in 1997.
3-10 (d) Section 41.006, Election Code, applies to the change in
3-11 election dates under this Act.
3-12 (e) If this Act conflicts with another Act of the 75th
3-13 Legislature, Regular Session, 1997, the changes in law made by this
3-14 Act prevail to the extent of the conflict regardless of the
3-15 relative dates of enactment.
3-16 SECTION 9. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended,
3-21 and that this Act take effect and be in force from and after its
3-22 passage, and it is so enacted.
3-23 * * * * *