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.

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