HBA-NLM, BTC H.B. 802 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 802
By: Uher
Elections
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits the conducting of elections within 30 days before or
after the date of the general election.  However, Section 63.089 (Election
of Commissioners), Water Code, authorizes a navigation district to hold
elections on the first Tuesday after the first Monday in October of each
even-numbered year to elect commissioners, and this authority is in direct
conflict with a provision in the Election Code.  H.B. 802 provides an
exception to Section 41.001 (Uniform Election Dates), Election Code, to
allow for the election of navigation district commissioners to be held
within 30 days before or after the date of the general election for state
and county officers, general primary elections, or runoff primary
elections. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.001(c), Election Code, as added by Section
20, Chapter 1349, Acts of the 75th Legislature, Regular Session, 1997, as
follows: 

(c)  Adds an election held under Section 63.089, Water Code (regarding the
election of commissioners of a self-liquidating navigation district) to the
list of exceptions to the prohibition against an election being held within
30 days before or after the date of the general election for state and
county officers, general primary election, or runoff primary election.  

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.