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.