By Coleman H.B. No. 1568 75R6926 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)-(f) 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)-(f) except that the election required 1-15 by Subsection (c) shall be held on the date of the first municipal 1-16 general election in the municipality that occurs at least 60 days 1-17 after the date the official data for the municipality is made 1-18 public by the United States Bureau of the Census. 1-19 (b) In this section: 1-20 (1) "Governing body of a municipality" includes the 1-21 mayor of the municipality. 1-22 (2) "Municipal term limit" means a provision in a 1-23 municipal charter or ordinance that imposes a limit on the number 1-24 of terms or otherwise restricts the length of service a member of 2-1 the governing body of a municipality may serve on the governing 2-2 body. 2-3 (c) The mayor of the municipality shall order an election in 2-4 the municipality for November 4, 1997, on the question of 2-5 establishing the length of the terms of, and imposing term limits 2-6 on, the members of the governing body of the municipality. The 2-7 ballot at the election must be printed to permit voting for or 2-8 against the proposition: "Establishing four-year terms for the 2-9 members of the municipal governing body, including the mayor, and 2-10 limiting a person's service on the governing body to two terms." 2-11 (d) If a majority of the votes received at the election are 2-12 against the proposition, the terms and term limits applicable to 2-13 the members of the governing body remain unchanged, and the 2-14 municipality shall operate in accordance with the municipal charter 2-15 and ordinances. 2-16 (e) If a majority of the votes received at the election 2-17 favor the proposition: 2-18 (1) the terms of the members of the governing body 2-19 elected at that election or at a subsequent election in the 2-20 municipality are four years; 2-21 (2) the number of cumulative terms a person may serve 2-22 on the governing body is limited to two terms; and 2-23 (3) a provision of the municipal charter or an 2-24 ordinance that conflicts with this subsection is superseded to the 2-25 extent of the conflict. 2-26 (f) In applying a term limit adopted under this section: 2-27 (1) a term to which a member of the governing body was 3-1 elected or appointed before the election held under Subsection (c) 3-2 is counted only if the member served one-half or more of the term; 3-3 and 3-4 (2) a partial term to which a member of the governing 3-5 body is elected or appointed on or after the election held under 3-6 Subsection (c) is counted only if the member serves two years or 3-7 more of the term. 3-8 SECTION 2. This Act takes effect September 1, 1997. 3-9 SECTION 3. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended.