1-1 By: Shapiro S.B. No. 35
1-2 (In the Senate - Filed November 9, 1998; January 26, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 1, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 1, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 35 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain processes and procedures promoting the
1-11 consolidation of elections.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 41.001, Election Code, is amended by
1-14 amending Subsections (a) and (b) and adding Subsection (e) to read
1-15 as follows:
1-16 (a) Except as otherwise provided by this subchapter, each
1-17 general or special election in this state shall be held on one of
1-18 the following dates:
1-19 (1) the second [third] Saturday in February [January];
1-20 (2) the first Saturday in May;
1-21 (3) the third [second] Saturday in September [August];
1-22 or
1-23 (4) the first Tuesday after the first Monday in
1-24 November.
1-25 (b) Subsection (a) does not apply to:
1-26 (1) a runoff election;
1-27 (2) [a local option election held under the Alcoholic
1-28 Beverage Code;]
1-29 [(3) an election for the issuance or assumption of
1-30 bonds or the levy of a tax for the maintenance of a public school
1-31 or college, if the governing body of the political subdivision
1-32 issuing or assuming the bonds or levying the tax, by resolution,
1-33 order, or ordinance, finds that holding the election on a date
1-34 other than a uniform election date is in the public interest, which
1-35 finding is conclusive and incontestable;]
1-36 [(4)] an election to resolve a tie vote;
1-37 (3) [(5)] an election held under an order of a court
1-38 or other tribunal;
1-39 (4) [(6)] an emergency election ordered under Section
1-40 41.0011;
1-41 (5) [(7)] an expedited election to fill a vacancy in
1-42 the legislature held under Section 203.013; or
1-43 (6) [(8) an election held by a political subdivision
1-44 using the convention method of election;]
1-45 [(9)] an election held under a statute that expressly
1-46 provides that the requirement of Subsection (a) does not apply to
1-47 the election[; or]
1-48 [(10) an election to recall an officer of a political
1-49 subdivision].
1-50 (e) An election in which a majority vote is required may not
1-51 be held on the September or February uniform election date.
1-52 SECTION 2. Subsection (a), Section 41.0052, Election Code,
1-53 is amended to read as follows:
1-54 (a) The governing body of a political subdivision other than
1-55 a county may, not later than December 31, 1999 [1997], change the
1-56 date on which it holds its general election for officers to another
1-57 authorized uniform election date. An election on the new date may
1-58 not be held before 2000 [1998].
1-59 SECTION 3. Section 42.002, Election Code, is amended to read
1-60 as follows:
1-61 Sec. 42.002. Required Use of County Precincts. (a) The
1-62 county election precincts are the election precincts for the
1-63 following elections:
1-64 (1) the general election for state and county
2-1 officers;
2-2 (2) a special election ordered by the governor;
2-3 (3) a primary election; [and]
2-4 (4) a countywide election ordered by the commissioners
2-5 court, county judge, or other county authority, except an election
2-6 subject to Section 42.062(2); and
2-7 (5) a joint election, to the extent provided by
2-8 Section 42.0621.
2-9 (b) Except as provided by Sections 42.008, [and] 42.009, and
2-10 42.0621, county election precincts may not be consolidated for an
2-11 election.
2-12 SECTION 4. Subchapter C, Chapter 42, Election Code, is
2-13 amended by adding Section 42.0621 to read as follows:
2-14 Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) In a joint
2-15 election, the participating political subdivisions shall use the
2-16 regular county election precincts in the parts of the political
2-17 subdivisions that contain the same territory. Two or more of the
2-18 county election precincts may be consolidated into a single
2-19 precinct if the polling place is located so that it will adequately
2-20 serve the voters of the consolidated precinct.
2-21 (b) Each political subdivision participating in a joint
2-22 election shall establish election precincts in the territory of
2-23 that political subdivision that is not common with territory of
2-24 another participating political subdivision. One or more separate
2-25 precincts may be established in that territory, or that territory
2-26 may be consolidated into one or more precincts established in the
2-27 common territory.
2-28 SECTION 5. Subchapter A, Chapter 43, Election Code, is
2-29 amended by adding Section 43.0051 to read as follows:
2-30 Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION.
2-31 (a) The authorities establishing joint election precincts under
2-32 Section 42.0621 shall designate the regular county polling place as
2-33 the joint election polling place for each regular county election
2-34 precinct used in the joint election unless the regular county
2-35 polling place is unavailable, in which case the authorities shall
2-36 designate another location. If county election precincts are
2-37 consolidated for the joint election, the authorities shall
2-38 designate the location of the polling place for each consolidated
2-39 precinct.
2-40 (b) Each political subdivision participating in a joint
2-41 election shall designate polling places in the territory of that
2-42 political subdivision that is not common with territory of another
2-43 participating political subdivision. If the voters of the
2-44 territory that is not common to two or more participating political
2-45 subdivisions can be served adequately and conveniently by a polling
2-46 place located in the common territory of those political
2-47 subdivisions, the common polling place may be designated.
2-48 (c) If the authorities designating a common polling place
2-49 under this section cannot agree on the location, the participating
2-50 political subdivision with the greatest number of registered voters
2-51 shall make the designation.
2-52 SECTION 6. Section 271.002, Election Code, is amended to
2-53 read as follows:
2-54 Sec. 271.002. Joint Elections Required [Authorized].
2-55 (a) If the elections ordered by the authorities of two or more
2-56 political subdivisions are to be held on the same day in all or
2-57 part of the same territory, the governing bodies of the political
2-58 subdivisions shall [may] enter into an agreement to hold the
2-59 elections jointly [in the election precincts that can be served by
2-60 common polling places, subject to Section 271.003].
2-61 (b) If an election ordered by the governor and the elections
2-62 ordered by the authorities of one or more political subdivisions
2-63 are to be held on the same day in all or part of the same
2-64 territory, the commissioners court of a county in which the
2-65 election ordered by the governor is to be held and the governing
2-66 bodies of the other political subdivisions shall [may] enter into
2-67 an agreement to hold the elections jointly [in the election
2-68 precincts that can be served by common polling places, subject to
2-69 Section 271.003].
3-1 (c) [If another law requires two or more political
3-2 subdivisions to hold a joint election, the governing body of any
3-3 other political subdivision holding an election on the same day in
3-4 all or part of the same territory in which the joint election is to
3-5 be held may enter into an agreement to participate in the joint
3-6 election with the governing bodies of the political subdivisions
3-7 holding the joint election.]
3-8 [(d)] The terms of the [a] joint election agreement,
3-9 including all the decisions necessary for conducting the election
3-10 in accordance with this chapter, must be stated in an order,
3-11 resolution, or other official action adopted by the governing body
3-12 of each participating political subdivision.
3-13 (d) [(e)] The document containing the joint election
3-14 agreement shall be preserved for the period for preserving the
3-15 precinct election records.
3-16 (e) The governing body of each political subdivision
3-17 participating in the joint election shall appoint one
3-18 representative to an election committee, which shall implement the
3-19 joint election agreement.
3-20 SECTION 7. Section 271.005, Election Code, is amended by
3-21 adding Subsection (c) to read as follows:
3-22 (c) For a joint election precinct in which an office of the
3-23 county, state, or federal government is on the ballot, the
3-24 presiding election judge and alternate presiding judge serving that
3-25 precinct must be persons who normally serve as presiding judge and
3-26 alternate presiding judge in the regular county election precinct
3-27 in county elections. In addition, the presiding judge of the early
3-28 voting ballot board and the chair of a signature verification
3-29 committee for such a joint election must be persons who normally
3-30 would be appointed to serve in those positions in the particular
3-31 election in which an office of the county, state, or federal
3-32 government is on the ballot.
3-33 SECTION 8. Section 271.006, Election Code, is amended to
3-34 read as follows:
3-35 Sec. 271.006. EARLY VOTING. (a) The governing bodies of
3-36 the political subdivisions participating in a joint election shall
3-37 [decide whether to conduct their early voting jointly. The
3-38 governing bodies that decide to conduct joint early voting shall]
3-39 appoint one of their early voting clerks as the early voting clerk
3-40 for the joint early voting.
3-41 (b) The joint early voting shall be conducted at the early
3-42 voting polling place or places at which and during the hours,
3-43 including any extended or weekend hours, that the early voting
3-44 clerk regularly conducts early voting for the clerk's political
3-45 subdivision.
3-46 (c) The regular early voting clerk for each political
3-47 subdivision participating in the joint early voting shall receive
3-48 applications for early voting ballots to be voted by mail in
3-49 accordance with Title 7. The remaining procedures for conducting
3-50 the political subdivision's early voting by mail shall be completed
3-51 by the regular early voting clerk or by the early voting clerk for
3-52 the joint early voting, at the discretion of the governing body of
3-53 each political subdivision participating in the joint early voting.
3-54 [(d) If a governing body decides not to participate in the
3-55 joint early voting, the early voting for that political subdivision
3-56 shall be conducted in accordance with Title 7, except that the
3-57 early voting may be conducted at common polling places.]
3-58 SECTION 9. Sections 271.003 and 271.014, Election Code, are
3-59 repealed.
3-60 SECTION 10. (a) An election that is held on the August
3-61 uniform election date in 1999 is subject to the prior law governing
3-62 that election, and the prior law is continued in effect for that
3-63 purpose.
3-64 (b) Section 41.006, Election Code, applies to a change in
3-65 election dates made in accordance with this Act.
3-66 (c) An election that is ordered before the effective date of
3-67 this Act and that is described by Subdivision (2), (3), (8), or
3-68 (10), Subsection (b), Section 41.001, Election Code, as it existed
3-69 immediately before the effective date of this Act, is subject to
4-1 that prior law, and the prior law is continued in effect for that
4-2 purpose.
4-3 SECTION 11. This Act takes effect September 1, 1999.
4-4 SECTION 12. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.
4-9 * * * * *