By Maxey H.B. No. 258
76R1433 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to election dates and 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, as amended by
1-5 Section 3, Chapter 1219, Acts of the 75th Legislature, Regular
1-6 Session, 1997, and Section 20, Chapter 1349, Acts of the 75th
1-7 Legislature, Regular Session, 1997, is amended to read as follows:
1-8 Sec. 41.001. UNIFORM ELECTION DATES. (a) Except as
1-9 otherwise provided by this subchapter, each general or special
1-10 election in this state shall be held on one of the following dates:
1-11 (1) [the third Saturday in January;]
1-12 [(2)] the first Saturday in May;
1-13 [(3) the second Saturday in August;] or
1-14 (2) [(4)] the first Tuesday after the first Monday in
1-15 November.
1-16 (b) Subsection (a) does not apply to:
1-17 (1) a runoff election;
1-18 (2) [a local option election held under the Alcoholic
1-19 Beverage Code;]
1-20 [(3) an election for the issuance or assumption of
1-21 bonds or the levy of a tax for the maintenance of a public school
1-22 or college, if the governing body of the political subdivision
1-23 issuing or assuming the bonds or levying the tax, by resolution,
1-24 order, or ordinance, finds that holding the election on a date
2-1 other than a uniform election date is in the public interest, which
2-2 finding is conclusive and incontestable;]
2-3 [(4)] an election to resolve a tie vote;
2-4 (3) [(5)] an election held under an order of a court
2-5 or other tribunal;
2-6 (4) [(6)] an emergency election ordered under Section
2-7 41.0011;
2-8 (5) [(7)] an expedited election to fill a vacancy in
2-9 the legislature held under Section 203.013;
2-10 [(8) an election held by a political subdivision using
2-11 the convention method of election;]
2-12 (6) [(9)] an election held under a statute that
2-13 expressly provides that the requirement of Subsection (a) does not
2-14 apply to the election; or
2-15 (7) [(10)] an election to recall an officer of a
2-16 political subdivision.
2-17 [(c) A general election of officers of a city, school
2-18 district, junior college district, or hospital district may not be
2-19 held on the January or August uniform election date.]
2-20 (c) Except for an election under Subsection (a) or Section
2-21 41.0011, an election may not be held within 30 days before or after
2-22 the date of the general election for state and county officers,
2-23 general primary election, or runoff primary election.
2-24 (d) An election for the issuance or assumption of bonds by a
2-25 political subdivision shall be held on the first Tuesday after the
2-26 first Monday in November, subject to Section 41.0011.
2-27 SECTION 2. Section 41.0052(a), Election Code, is amended to
3-1 read as follows:
3-2 (a) The governing body of a political subdivision other than
3-3 a county may, not later than December 31, 1999 [1997], change the
3-4 date on which it holds its general election for officers to another
3-5 authorized uniform election date. An election on the new date may
3-6 not be held before 2000 [1998].
3-7 SECTION 3. (a) The secretary of state shall designate the
3-8 first election on proposed amendments to the state constitution
3-9 that occurs after the effective date of this Act and that allows
3-10 sufficient time to implement new procedures as a test election for
3-11 the evaluation of mail ballot elections.
3-12 (b) The secretary of state shall adopt rules to allow a
3-13 county to conduct the election designated in Subsection (a) of this
3-14 section exclusively by mail ballots. The secretary of state may
3-15 modify provisions of the Election Code as necessary to allow for
3-16 the mail ballot election. The rules may not allow a ballot to be
3-17 cast any later than current law provides.
3-18 (c) The commissioners court of a county shall decide whether
3-19 to conduct the election under the normal procedures or to use the
3-20 method established by the secretary of state under Subsection (b)
3-21 of this section.
3-22 (d) After conclusion of the election, the secretary of state
3-23 shall file with the governor, the lieutenant governor, and the
3-24 speaker of the house of representatives a report evaluating the use
3-25 of the mail ballot election. The secretary of state shall make
3-26 recommendations on whether mail ballot elections should be used in
3-27 the future and how those elections should be implemented.
4-1 SECTION 4. Section 41.0051, Election Code, is repealed.
4-2 SECTION 5. This Act takes effect September 1, 1999.
4-3 SECTION 6. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.