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.