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.