76R15216 E
By Shapiro S.B. No. 35
Substitute the following for S.B. No. 35:
By Denny C.S.S.B. No. 35
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain processes and procedures promoting the
1-3 consolidation of elections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.001, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 41.001. UNIFORM ELECTION DATES. (a) Except as
1-8 otherwise provided by this subchapter, each general or special
1-9 election in this state shall be held on one of the following dates:
1-10 (1) the third Saturday in February [January];
1-11 (2) the first Saturday in May;
1-12 (3) the third [second] Saturday in August; or
1-13 (4) the first Tuesday after the first Monday in
1-14 November.
1-15 (b) Subsection (a) does not apply to:
1-16 (1) a runoff election;
1-17 (2) [a local option election held under the Alcoholic
1-18 Beverage Code;]
1-19 [(3) an election for the issuance or assumption of
1-20 bonds or the levy of a tax for the maintenance of a public school
1-21 or college, if the governing body of the political subdivision
1-22 issuing or assuming the bonds or levying the tax, by resolution,
1-23 order, or ordinance, finds that holding the election on a date
1-24 other than a uniform election date is in the public interest, which
2-1 finding is conclusive and incontestable;]
2-2 [(4)] an election to resolve a tie vote;
2-3 (3) [(5)] an election held under an order of a court
2-4 or other tribunal;
2-5 (4) [(6)] an emergency election ordered under Section
2-6 41.0011;
2-7 (5) [(7)] an expedited election to fill a vacancy in
2-8 the legislature held under Section 203.013; or
2-9 (6) [(8) an election held by a political subdivision
2-10 using the convention method of election;]
2-11 [(9)] an election held under a statute that expressly
2-12 provides that the requirement of Subsection (a) does not apply to
2-13 the election[; or]
2-14 [(10) an election to recall an officer of a political
2-15 subdivision].
2-16 (c) Except for an election under Subsection (a) or Section
2-17 41.0011, an election may not be held within 30 days before or after
2-18 the date of the general election for state and county officers,
2-19 general primary election, or runoff primary election.
2-20 (d) [(c)] A general election of officers of a city, school
2-21 district, junior college district, or hospital district may not be
2-22 held on the February [January] or August uniform election date.
2-23 (e) An election for an office in which a majority vote is
2-24 required may not be held on the February uniform election date.
2-25 SECTION 2. Subsection (a), Section 41.0052, Election Code,
2-26 is amended to read as follows:
2-27 (a) The governing body of a political subdivision other than
3-1 a county may, not later than December 31, 1999 [1997], change the
3-2 date on which it holds its general election for officers to another
3-3 authorized uniform election date. An election on the new date may
3-4 not be held before 2000 [1998].
3-5 SECTION 3. Section 42.002, Election Code, is amended to read
3-6 as follows:
3-7 Sec. 42.002. Required Use of County Precincts. (a) The
3-8 county election precincts are the election precincts for the
3-9 following elections:
3-10 (1) the general election for state and county
3-11 officers;
3-12 (2) a special election ordered by the governor;
3-13 (3) a primary election; [and]
3-14 (4) a countywide election ordered by the commissioners
3-15 court, county judge, or other county authority, except an election
3-16 subject to Section 42.062(2); and
3-17 (5) a joint election, to the extent provided by
3-18 Section 42.0621.
3-19 (b) Except as provided by Sections 42.008, [and] 42.009, and
3-20 42.0621, county election precincts may not be consolidated for an
3-21 election.
3-22 SECTION 4. Subchapter C, Chapter 42, Election Code, is
3-23 amended by adding Section 42.0621 to read as follows:
3-24 Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) In a joint
3-25 election, the participating political subdivisions shall use the
3-26 regular county election precincts in the parts of the political
3-27 subdivisions that contain the same territory. Two or more of the
4-1 county election precincts may be consolidated into a single
4-2 precinct if the polling place is located so that it will adequately
4-3 serve the voters of the consolidated precinct.
4-4 (b) Each political subdivision participating in a joint
4-5 election shall establish election precincts in the territory of
4-6 that political subdivision that is not common with territory of
4-7 another participating political subdivision. One or more separate
4-8 precincts may be established in that territory, or that territory
4-9 may be consolidated into one or more precincts established in the
4-10 common territory.
4-11 SECTION 5. Subchapter A, Chapter 43, Election Code, is
4-12 amended by adding Section 43.0051 to read as follows:
4-13 Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION.
4-14 (a) The authorities establishing joint election precincts under
4-15 Section 42.0621 shall designate the regular county polling place as
4-16 the joint election polling place for each regular county election
4-17 precinct used in the joint election unless the regular county
4-18 polling place is unavailable, in which case the authorities shall
4-19 designate another location. If county election precincts are
4-20 consolidated for the joint election, the authorities shall
4-21 designate the location of the polling place for each consolidated
4-22 precinct.
4-23 (b) Each political subdivision participating in a joint
4-24 election shall designate polling places in the territory of that
4-25 political subdivision that is not common with territory of another
4-26 participating political subdivision. If the voters of the
4-27 territory that is not common to two or more participating political
5-1 subdivisions can be served adequately and conveniently by a polling
5-2 place located in the common territory of those political
5-3 subdivisions, the common polling place may be designated.
5-4 (c) A conservation and reclamation district created under
5-5 Section 59, Article XVI, Texas Constitution, is not required to
5-6 participate in a joint election required by this section.
5-7 SECTION 6. Section 271.002, Election Code, is amended to
5-8 read as follows:
5-9 Sec. 271.002. Joint Elections Required [Authorized].
5-10 (a) If the elections ordered by the authorities of two or more
5-11 political subdivisions are to be held on the same day in all or
5-12 part of the same territory, the governing bodies of the political
5-13 subdivisions shall [may] enter into an agreement to hold the
5-14 elections jointly [in the election precincts that can be served by
5-15 common polling places, subject to Section 271.003].
5-16 (b) If an election ordered by the governor and the elections
5-17 ordered by the authorities of one or more political subdivisions
5-18 are to be held on the same day in all or part of the same
5-19 territory, the commissioners court of a county in which the
5-20 election ordered by the governor is to be held and the governing
5-21 bodies of the other political subdivisions shall [may] enter into
5-22 an agreement to hold the elections jointly [in the election
5-23 precincts that can be served by common polling places, subject to
5-24 Section 271.003].
5-25 (c) [If another law requires two or more political
5-26 subdivisions to hold a joint election, the governing body of any
5-27 other political subdivision holding an election on the same day in
6-1 all or part of the same territory in which the joint election is to
6-2 be held may enter into an agreement to participate in the joint
6-3 election with the governing bodies of the political subdivisions
6-4 holding the joint election.]
6-5 [(d)] The terms of the [a] joint election agreement,
6-6 including all the decisions necessary for conducting the election
6-7 in accordance with this chapter, must be stated in an order,
6-8 resolution, or other official action adopted by the governing body
6-9 of each participating political subdivision not later than the 60th
6-10 day before the date of a general election for state and county
6-11 officers or the 40th day before the date of any other election, as
6-12 applicable. If the governing bodies cannot agree on the terms of
6-13 the agreement, the disputed terms shall be resolved through an
6-14 alternative dispute resolution procedure. The secretary of state
6-15 shall prescribe a model joint election agreement and alternative
6-16 dispute resolution procedure for the use of political subdivisions
6-17 in implementing this section.
6-18 (d) [(e)] The document containing the joint election
6-19 agreement shall be preserved for the period for preserving the
6-20 precinct election records.
6-21 (e) The governing body of each political subdivision
6-22 participating in the joint election shall appoint one
6-23 representative to an election committee, which shall implement the
6-24 joint election agreement. In a joint election held in a county
6-25 having the position of county elections administrator, the
6-26 administrator shall serve on the committee.
6-27 (f) A conservation and reclamation district created under
7-1 Section 59, Article XVI, Texas Constitution, is not required to
7-2 participate in a joint election required by this section.
7-3 SECTION 7. Section 271.005, Election Code, is amended by
7-4 adding Subsection (c) to read as follows:
7-5 (c) For a joint election precinct in which an office of the
7-6 county, state, or federal government is on the ballot, the
7-7 presiding election judge and alternate presiding judge serving that
7-8 precinct must be persons who normally serve as presiding judge and
7-9 alternate presiding judge in the regular county election precinct
7-10 in county elections. In addition, the presiding judge of the early
7-11 voting ballot board and the chair of a signature verification
7-12 committee for such a joint election must be persons who normally
7-13 would be appointed to serve in those positions in the particular
7-14 election in which an office of the county, state, or federal
7-15 government is on the ballot.
7-16 SECTION 8. Section 271.006, Election Code, is amended to
7-17 read as follows:
7-18 Sec. 271.006. EARLY VOTING. (a) The governing bodies of
7-19 the political subdivisions participating in a joint election shall
7-20 [decide whether to conduct their early voting jointly. The
7-21 governing bodies that decide to conduct joint early voting shall]
7-22 appoint one of their early voting clerks as the early voting clerk
7-23 for the joint early voting.
7-24 (b) The joint early voting shall be conducted at the early
7-25 voting polling place or places at which and during the hours,
7-26 including any extended or weekend hours, that the early voting
7-27 clerk regularly conducts early voting for the clerk's political
8-1 subdivision.
8-2 (c) The regular early voting clerk for each political
8-3 subdivision participating in the joint early voting shall receive
8-4 applications for early voting ballots to be voted by mail in
8-5 accordance with Title 7. The remaining procedures for conducting
8-6 the political subdivision's early voting by mail shall be completed
8-7 by the regular early voting clerk or by the early voting clerk for
8-8 the joint early voting, at the discretion of the governing body of
8-9 each political subdivision participating in the joint early voting.
8-10 [(d) If a governing body decides not to participate in the
8-11 joint early voting, the early voting for that political subdivision
8-12 shall be conducted in accordance with Title 7, except that the
8-13 early voting may be conducted at common polling places.]
8-14 SECTION 9. Subsection (b), Section 49.103, Water Code, is
8-15 amended to read as follows:
8-16 (b) An election shall be held on the uniform election date,
8-17 established by the Election Code, in either February [January] or
8-18 May of each even-numbered year to elect the appropriate number of
8-19 directors.
8-20 SECTION 10. Sections 271.003 and 271.014, Election Code, are
8-21 repealed.
8-22 SECTION 11. (a) An election that is held on the August
8-23 uniform election date in 1999 is subject to the prior law governing
8-24 that election, and the prior law is continued in effect for that
8-25 purpose.
8-26 (b) Section 41.006, Election Code, applies to a change in
8-27 election dates made in accordance with this Act.
9-1 (c) An election that is ordered before the effective date of
9-2 this Act and that is described by Subdivision (2), (3), (8), or
9-3 (10), Subsection (b), Section 41.001, Election Code, as it existed
9-4 immediately before the effective date of this Act, is subject to
9-5 that prior law, and the prior law is continued in effect for that
9-6 purpose.
9-7 SECTION 12. This Act takes effect September 1, 1999.
9-8 SECTION 13. The importance of this legislation and the
9-9 crowded condition of the calendars in both houses create an
9-10 emergency and an imperative public necessity that the
9-11 constitutional rule requiring bills to be read on three several
9-12 days in each house be suspended, and this rule is hereby suspended.