By Denny H.B. No. 736
76R1120 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exceptions to the requirement to conduct elections on
1-3 uniform election dates.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.001(b), Election Code, is amended to
1-6 read as follows:
1-7 (b) Subsection (a) does not apply to:
1-8 (1) a runoff election;
1-9 (2) [a local option election held under the Alcoholic
1-10 Beverage Code;]
1-11 [(3) an election for the issuance or assumption of
1-12 bonds or the levy of a tax for the maintenance of a public school
1-13 or college, if the governing body of the political subdivision
1-14 issuing or assuming the bonds or levying the tax, by resolution,
1-15 order, or ordinance, finds that holding the election on a date
1-16 other than a uniform election date is in the public interest, which
1-17 finding is conclusive and incontestable;]
1-18 [(4)] an election to resolve a tie vote;
1-19 (3) [(5)] an election held under an order of a court
1-20 or other tribunal;
1-21 (4) [(6)] an emergency election ordered under Section
1-22 41.0011;
1-23 (5) [(7)] an expedited election to fill a vacancy in
1-24 the legislature held under Section 203.013; or
2-1 (6) [(8) an election held by a political subdivision
2-2 using the convention method of election;]
2-3 [(9)] an election held under a statute that expressly
2-4 provides that the requirement of Subsection (a) does not apply to
2-5 the election[; or]
2-6 [(10) an election to recall an officer of a political
2-7 subdivision].
2-8 SECTION 2. An election that is ordered before the effective
2-9 date of this Act and that is described by Subdivision (2), (3),
2-10 (8), or (10), Section 41.001(b), Election Code, as it existed
2-11 immediately before the effective date of this Act, is subject to
2-12 that prior law, and the prior law is continued in effect for that
2-13 purpose.
2-14 SECTION 3. This Act takes effect September 1, 1999.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.