SRC-CTC, S.B. 79 77(R)BILL ANALYSIS


Senate Research CenterS.B. 79
By: Shapiro
State Affairs
5/23/2001
Enrolled


DIGEST AND PURPOSE 

Texas law provides four uniform election dates, but allows 10 exceptions
permitting political subdivisions to hold elections on other days.  These
exceptions result in multiple  elections for various local, state, and
federal affairs, prompting voter apathy and confusion.  S.B. 79 eliminates
several exceptions from the uniform election dates. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.004(a), Election Code, to require the mayor to
order an election for the general election for city officers in a city with
a population of 1.9 million or more.  Makes a conforming change. 

SECTION 2.  Amends Section 41.001, Election Code, by amending Subsections
(a), (b), and (d) and adding Subsection (e), as follows: 
 
(a) Requires each general or special election to be held on the first
Saturday in February rather than the third Saturday in January, and the
second Saturday in September rather than the second Saturday in August,
except as otherwise specified by this subchapter.   

(b) Deletes wording relating to elections that are not subject to this
section.  Sets forth certain conditions under which an election for the
issuance or assumption of bonds are not subject to this section. 

 (d) Makes conforming changes.

(e) Prohibits an election for an office where a majority vote is required
from being held on the September or February uniform election dates.
Provides that this subsection does not apply to an election conducted under
Section 26.045, Local Government Code. 

SECTION 3.  Amends Section 41.253(b), Education Code, to make a conforming
change. 

SECTION 4.  Amends Section 363.057, Local Government Code, to require the
election to be held on the first uniform election date that occurs after
the 34th day after the date on which the election is ordered.  Deletes
wording relating to the time-line that an election must be held within and
to the requirement that a certain election be held on a uniform election
date. 

SECTION 5.  Amends Section 49.103(b), Water Code, to make a conforming
change. 

SECTION 6.  Amends Section 56.804(a), Water Code, to make a conforming
change. 
 
SECTION 7.  (a) Effective date: September 1, 2001.

(b) Makes application of this Act prospective for an election held on the
August uniform election date in 2001. 

(c) Provides that Section 41.006 (Adjusting Election Schedule), Election
Code, applies to a change in election dates made in accordance with this
Act. 

(d) Makes application of this Act prospective for an election ordered
before the effective date and described by Subdivisions (2), (3), (8), or
(10), Section 41.001(b) (Uniform Election Dates), Election Code.