By: Lindsay S.B. No. 236 A BILL TO BE ENTITLED AN ACT 1-1 relating to the right of voters in a municipality to participate in 1-2 municipal elections. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter Z, Chapter 43, Local Government Code, 1-5 is amended by adding Section 43.905 to read as follows: 1-6 Sec. 43.905. EXTENSION OF VOTING RIGHTS TO RESIDENTS OF 1-7 ANNEXED AREA. (a) A municipality that annexes an area may not 1-8 order an election to be held within 120 days after the city 1-9 council's final vote approving an annexation unless the 1-10 municipality receives notice that the annexation has received 1-11 preclearance pursuant to the Voting Rights Act (42 U.S.C. Section 1-12 1973 et seq.) from the United States Department of Justice. 1-13 (b) This section does not apply if the annexed area: 1-14 (1) was annexed on the written petition of the owners 1-15 or a majority of the qualified voters of the area; 1-16 (2) is vacant; 1-17 (3) is without residents; 1-18 (4) is owned by the municipality; 1-19 (5) is a municipally owned airport; 1-20 (6) is a municipally owned reservoir; or 1-21 (7) was annexed at the request of a governing board of 1-22 a municipal utility district located in the annexed area. 1-23 (c) This section does not apply to: 2-1 (1) an election on the question of the creation of a 2-2 municipal special district or authority in which no part of the 2-3 area annexed is part of the proposed special district or authority 2-4 and the creation of which would not create a direct liability for 2-5 which a resident of the annexed area would be requested to pay in 2-6 any way, including through the payment of any municipal tax; 2-7 (2) a local option election conducted under Chapter 2-8 251, Alcoholic Beverage Code, in which no part of the area annexed 2-9 is part of the area affected by the election; or 2-10 (3) an election for a single-member district of the 2-11 municipality, in which no part of the area annexed is part of the 2-12 area within the district. 2-13 SECTION 2. This Act takes effect September 1, 1997. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended. 2-19 COMMITTEE AMENDMENT NO. 1 2-20 Amend HB S.B. as follows and renumber sections accordingly: 2-21 (1) In Section 1 of the bill, in added Section 43.905(a), 2-22 Local Government Code, Chapter 43, Subchapter Z (Engrossed Version 2-23 page 1, line 8), insert "or may not conduct an election within 120 2-24 days" after the word "days". 2-25 (2) In Section 1 of the bill, in added Section 43.905(b)(7), 3-1 Local Government Code, Chapter 43, Subchapter Z (Engrossed Version 3-2 page 1, line 20-22), strike "reservoir; or (7) was annexed at the 3-3 request of a governing board of a municipal utility district 3-4 located in the annexed area." and substitute "reservoir". 3-5 Hamric 3-6 COMMITTEE AMENDMENT NO. 2 3-7 Amend S.B. 236 by adding the following new SECTION 2 and 3-8 renumbering the subsequent sections accordingly: 3-9 SECTION 2. Section 41.001, Election Code, is amended by 3-10 adding Subsection (c) to read as follows: 3-11 (c) No municipality with a population of 1.5 million or more 3-12 shall hold an election on the third Saturday in January. 3-13 Jackson