By Wilson, Thompson, Stiles H.B. No. 817
75R4764 MRB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the terms of, and term limits on, the members of
1-3 certain municipal governing bodies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 26, Local Government Code,
1-6 is amended by adding Section 26.046 to read as follows:
1-7 Sec. 26.046. TERMS AND TERM LIMITS IN POPULOUS
1-8 MUNICIPALITIES. (a) This section applies only to a municipality
1-9 with a population of 1.5 million or more. A municipality that has
1-10 that population under the 1990 federal decennial census is governed
1-11 by Subsections (c)-(g) according to the provisions of those
1-12 subsections. A municipality that first attains that population
1-13 under a federal decennial census occurring after the 1990 census is
1-14 governed by Subsections (c)-(g) except that:
1-15 (1) the date used for purposes of Subsection (c) is
1-16 the date the official census data for the municipality is made
1-17 public by the United States Bureau of the Census; and
1-18 (2) the election required by Subsection (d) shall be
1-19 held on the date of the first municipal general election in the
1-20 municipality that occurs at least 60 days after the date the
1-21 official data for the municipality is made public by the United
1-22 States Bureau of the Census.
1-23 (b) In this section:
1-24 (1) "Governing body of a municipality" includes the
2-1 mayor of the municipality.
2-2 (2) "Municipal term limit" means a provision in a
2-3 municipal charter or ordinance that imposes a limit on the number
2-4 of terms or otherwise restricts the length of service a member of
2-5 the governing body of a municipality may serve on the governing
2-6 body.
2-7 (c) A municipal term limit may not be used to disqualify a
2-8 person who serves on the governing body of the municipality on
2-9 September 1, 1997, from holding, or being a candidate for, an
2-10 office on the governing body if the term of the office begins
2-11 immediately following the term the person holds on September 1,
2-12 1997.
2-13 (d) The mayor of the municipality shall order an election in
2-14 the municipality for November 4, 1997, on the question of
2-15 establishing the length of the terms of, and imposing term limits
2-16 on, the members of the governing body of the municipality. The
2-17 ballot at the election must be printed to permit voting for or
2-18 against the proposition: "Establishing four-year terms for the
2-19 members of the municipal governing body, including the mayor, and
2-20 limiting a person's service on the governing body to two terms."
2-21 (e) If a majority of the votes received at the election are
2-22 against the proposition, the terms and term limits applicable to
2-23 the members of the governing body remain unchanged, and the
2-24 municipality shall operate in accordance with the municipal charter
2-25 and ordinances, except as provided by Subsection (c).
2-26 (f) If a majority of the votes received at the election
2-27 favor the proposition:
3-1 (1) the terms of the members of the governing body
3-2 elected at that election or at a subsequent election in the
3-3 municipality are four years;
3-4 (2) the number of cumulative terms a person may serve
3-5 on the governing body is limited to two terms; and
3-6 (3) a provision of the municipal charter or an
3-7 ordinance that conflicts with this subsection is superseded to the
3-8 extent of the conflict.
3-9 (g) In applying a term limit adopted under this section:
3-10 (1) a term to which a member of the governing body was
3-11 elected or appointed before the election held under Subsection (d)
3-12 is not counted; and
3-13 (2) a partial term served by a person is counted only
3-14 if the person serves two years or more of the term.
3-15 SECTION 2. This Act takes effect September 1, 1997.
3-16 SECTION 3. 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 COMMITTEE AMENDMENT NO. 1
3-22 Amend H.B. No. 817 as follows:
3-23 (4) Add a new section to the bill, to be numbered
3-24 appropriately, to read as follows:
3-25 SECTION ____. Section 141.003, Election Code, is amended to
3-26 read as follows:
3-27 Sec. 141.003. Age and Residence Requirements for Home-Rule
4-1 City Office. (a) Except as provided by Subsection (c), different
4-2 [Different] age and residence requirements from those prescribed by
4-3 Section 141.001 may be prescribed by a home-rule city charter, but
4-4 a minimum age may not be more than 21 years and a minimum length of
4-5 residence in the state or city may not be more than 12 months
4-6 [immediately] preceding election day.
4-7 (b) Except as provided by Subsection (c), a [A] charter
4-8 provision is void if it prescribes a minimum age requirement of
4-9 more than 21 years or a minimum length of residence requirement of
4-10 more than 12 months.
4-11 (c) A charter for a city with a population of more than 1.5
4-12 million may prescribe for the office of mayor a minimum length of
4-13 residence in the city of not more than five years preceding
4-14 election day. A charter provision is void if it prescribes a
4-15 minimum length of residence requirement of more than five years for
4-16 the office of mayor.
4-17 Bailey