By Rabuck H.B. No. 579
75R3784 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the voting rights of residents of a municipality's
1-3 extraterritorial jurisdiction.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.904, Local Government Code, is
1-6 transferred to Subchapter A, Chapter 42, Local Government Code, is
1-7 redesignated as Section 42.002, and is amended to read as follows:
1-8 Sec. 42.002 [42.904]. EXTRATERRITORIAL JURISDICTION AND
1-9 VOTING RIGHTS [IN CERTAIN MUNICIPALITIES]. (a) A [This section
1-10 applies only to a municipality that has disannexed territory under
1-11 Section 43.133 that it had previously annexed for limited purposes
1-12 and that has extended rules to its extraterritorial jurisdiction
1-13 under Section 212.003.]
1-14 [(b) The] municipality shall allow all qualified voters
1-15 residing in the municipality's extraterritorial jurisdiction to
1-16 vote on any proposition that is submitted to the voters of the
1-17 municipality [and that involves:]
1-18 [(1) an adoption of or change to an ordinance or
1-19 charter provision that would apply to the municipality's
1-20 extraterritorial jurisdiction; or]
1-21 [(2) a nonbinding referendum that, if binding, would
1-22 apply to the municipality's extraterritorial jurisdiction].
1-23 (b) A municipality shall allow all qualified voters
1-24 residing in the municipality's extraterritorial jurisdiction to
2-1 vote in any election for municipal elective office. If the
2-2 governing body of the municipality consists, in whole or part, of
2-3 persons who are elected from single-member districts or wards that
2-4 contain only a portion of the municipality, the municipality shall
2-5 apportion the qualified voters residing in the extraterritorial
2-6 jurisdiction to a district or ward.
2-7 SECTION 2. This Act takes effect January 1, 1998.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.