By Ellis, et al. S.B. No. 1075
75R7048 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to election dates and to certain election procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.001, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 41.001. UNIFORM ELECTION DATES. (a) Except as
1-7 otherwise provided by this subchapter, each general or special
1-8 election in this state shall be held on one of the following dates:
1-9 (1) [the third Saturday in January;]
1-10 [(2)] the first Saturday in May;
1-11 [(3) the second Saturday in August;] or
1-12 (2) [(4)] the first Tuesday after the first Monday in
1-13 November.
1-14 (b) Subsection (a) does not apply to:
1-15 (1) a runoff election;
1-16 (2) [a local option election held under the Alcoholic
1-17 Beverage Code;]
1-18 [(3)] an election for the issuance or assumption of
1-19 bonds or the levy of a tax for the maintenance of a public school
1-20 or college, if the governing body of the political subdivision
1-21 issuing or assuming the bonds or levying the tax, by resolution,
1-22 order, or ordinance, finds that holding the election on a date
1-23 other than a uniform election date is in the public interest, which
1-24 finding is conclusive and incontestable;
2-1 (3) [(4)] an election to resolve a tie vote;
2-2 (4) [(5)] an election held under an order of a court
2-3 or other tribunal;
2-4 (5) [(6)] an emergency election ordered under Section
2-5 41.0011;
2-6 (6) [(7)] an expedited election to fill a vacancy in
2-7 the legislature held under Section 203.013;
2-8 [(8) an election held by a political subdivision using
2-9 the convention method of election;]
2-10 (7) [(9)] an election held under a statute that
2-11 expressly provides that the requirement of Subsection (a) does not
2-12 apply to the election; or
2-13 (8) [(10)] an election to recall an officer of a
2-14 political subdivision.
2-15 SECTION 2. Section 41.003, Election Code, is amended to read
2-16 as follows:
2-17 Sec. 41.003. AUTHORIZED NOVEMBER ELECTIONS IN EVEN-NUMBERED
2-18 YEAR. Only the following elections may be held on the date of the
2-19 general election for state and county officers:
2-20 (1) a general or special election for officers of the
2-21 federal, state, or county government;
2-22 (2) a general or special election of officers of a
2-23 general-law city if the city's governing body determines that the
2-24 religious beliefs of more than 50 percent of the registered voters
2-25 of the city prohibit voting on Saturday;
2-26 (3) a general or special election of officers of a
2-27 home-rule city with a population under 30,000, if before 1975 the
3-1 general election of the city's officers was held on that date in
3-2 even-numbered years;
3-3 (4) an election on a proposed amendment to the state
3-4 constitution or on another statewide measure submitted by the
3-5 legislature;
3-6 (5) a countywide election on a measure that is ordered
3-7 by a county authority and that affects county government;
3-8 (6) an election on a measure submitted by order of an
3-9 authority of a city described by Subdivision (2) or (3);
3-10 (7) a commissioners' election of a self-liquidating
3-11 navigation district held under Section 63.0895, Water Code; [and]
3-12 (8) an election on a proposed home-rule school
3-13 district charter or on a proposed amendment to a home-rule school
3-14 district charter that is held under Section 12.019 or 12.020,
3-15 Education Code; and
3-16 (9) an election for the issuance or assumption of
3-17 bonds by a political subdivision.
3-18 SECTION 3. Section 41.0052(a), Election Code, is amended to
3-19 read as follows:
3-20 (a) The governing body of a political subdivision other than
3-21 a county may, not later than December 31, 1997 [1993], change the
3-22 date on which it holds its general election for officers to another
3-23 authorized uniform election date. An election on the new date may
3-24 not be held before 1998 [1994].
3-25 SECTION 4. Subchapter A, Chapter 31, Election Code, is
3-26 amended by adding Section 31.008 to read as follows:
3-27 Sec. 31.008. COLLECTION OF INFORMATION: FORUM ON ELECTION
4-1 COST SAVINGS. (a) The secretary of state shall collect and
4-2 maintain information on the number of elections held in this state
4-3 and the administrative costs associated with the elections.
4-4 (b) The secretary of state shall conduct an annual forum to
4-5 allow election officials from political subdivisions to exchange
4-6 ideas on the administration of elections, including issues related
4-7 to cost savings and efficiency in the conduct of elections. The
4-8 election officials shall be given the opportunity at the forum to
4-9 make recommendations on proposed changes in the election laws.
4-10 SECTION 5. (a) The secretary of state shall designate the
4-11 first election on proposed amendments to the state constitution
4-12 that occurs after the effective date of this Act and that allows
4-13 sufficient time to implement new procedures as a test election for
4-14 the evaluation of mail ballot elections.
4-15 (b) The secretary of state shall adopt rules to allow a
4-16 county to conduct the election designated in Subsection (a) of this
4-17 section exclusively by mail ballots. The secretary of state may
4-18 modify provisions of the Election Code as necessary to allow for
4-19 the mail ballot election. The rules may not allow a ballot to be
4-20 cast any later than current law provides.
4-21 (c) The commissioners court of a county shall decide whether
4-22 to conduct the election under the normal procedures or to use the
4-23 method established by the secretary of state under Subsection (b)
4-24 of this section.
4-25 (d) After conclusion of the election, the secretary of state
4-26 shall file with the governor, the lieutenant governor, and the
4-27 speaker of the house of representatives a report evaluating the use
5-1 of the mail ballot election. The secretary of state shall make
5-2 recommendations on whether mail ballot elections should be used in
5-3 the future and how those elections should be implemented.
5-4 SECTION 6. Section 41.0051, Election Code, is repealed.
5-5 SECTION 7. This Act takes effect September 1, 1997.
5-6 SECTION 8. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.