By Madden H.B. No. 754
77R2004 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of uniform election dates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.001, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 41.001. UNIFORM ELECTION DATES. (a) Except as
1-7 otherwise provided by this subchapter, each general or special
1-8 election in this state shall be held on one of the following dates:
1-9 (1) the first [third] Saturday in February [January];
1-10 (2) the first Saturday in May;
1-11 (3) the second Saturday in September [August]; or
1-12 (4) the first Tuesday after the first Monday in
1-13 November.
1-14 (b) Subsection (a) does not apply to:
1-15 (1) a runoff election;
1-16 (2) [a local option election held under the Alcoholic
1-17 Beverage Code;]
1-18 [(3) an election for the issuance or assumption of
1-19 bonds or the levy of a tax for the maintenance of a public school
1-20 or college, if the governing body of the political subdivision
1-21 issuing or assuming the bonds or levying the tax, by resolution,
1-22 order, or ordinance, finds that holding the election on a date
1-23 other than a uniform election date is in the public interest, which
1-24 finding is conclusive and incontestable;]
2-1 [(4)] an election to resolve a tie vote;
2-2 (3) [(5)] an election held under an order of a court
2-3 or other tribunal;
2-4 (4) [(6)] an emergency election ordered under Section
2-5 41.0011;
2-6 (5) [(7)] an expedited election to fill a vacancy in
2-7 the legislature held under Section 203.013; or
2-8 (6) [(8) an election held by a political subdivision
2-9 using the convention method of election;]
2-10 [(9)] an election held under a statute that expressly
2-11 provides that the requirement of Subsection (a) does not apply to
2-12 the election[; or]
2-13 [(10) an election to recall an officer of a political
2-14 subdivision].
2-15 (c) Except for an election under Subsection (a) or Section
2-16 41.0011, an election may not be held within 30 days before or after
2-17 the date of the general election for state and county officers,
2-18 general primary election, or runoff primary election.
2-19 (d) A general election of officers of a city, school
2-20 district, junior college district, or hospital district may not be
2-21 held on the February [January] or September [August] uniform
2-22 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. Section 41.0052(a), Election Code, is amended to
2-26 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 of the calendar year
3-2 preceding the year in which the election is to be held[, 1999],
3-3 change the date on which it holds its general election for officers
3-4 to another authorized uniform election date. [An election on the
3-5 new date may not be held before 2000.]
3-6 SECTION 3. Section 271.004, Election Code, is amended to read
3-7 as follows:
3-8 Sec. 271.004. ALLOCATION OF ELECTION EXPENSES. (a) Except
3-9 as provided by Subsection (b), the [The] expenses of a joint
3-10 election are allocated as provided by the joint election agreement.
3-11 (b) The joint election agreement may not provide that a
3-12 political subdivision be required to pay expenses in an amount that
3-13 exceeds the costs that are directly attributable to the holding of
3-14 the election for that political subdivision.
3-15 SECTION 4. Section 49.103(b), Water Code, is amended to read
3-16 as follows:
3-17 (b) An election shall be held on the uniform election date,
3-18 established by the Election Code, in either February [January] or
3-19 May of each even-numbered year to elect the appropriate number of
3-20 directors.
3-21 SECTION 5. Section 363.057(b), Local Government Code, is
3-22 repealed.
3-23 SECTION 6. (a) An election that is held on the August
3-24 uniform election date in 2001 is subject to the prior law governing
3-25 that election, and the prior law is continued in effect for that
3-26 purpose.
3-27 (b) Section 41.006, Election Code, applies to a change in
4-1 election dates made in accordance with this Act.
4-2 (c) An election that is ordered before the effective date of
4-3 this Act and that is described by Section 41.001(b)(2), (3), (8),
4-4 or (10), Election Code, as it existed immediately before the
4-5 effective date of this Act, is subject to that prior law, and the
4-6 prior law is continued in effect for that purpose.
4-7 SECTION 7. This Act takes effect September 1, 2001.