By Wilson                                             H.B. No. 1519
         77R4185 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the terms of, and term limits on, the members of
 1-3     certain municipal governing bodies.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter C, Chapter 26, Local Government Code,
 1-6     is amended by adding Section 26.046 to read as follows:
 1-7           Sec. 26.046.  TERMS AND TERM LIMITS IN POPULOUS
 1-8     MUNICIPALITIES.  (a)  This section applies only to a municipality
 1-9     with a population of 1.8 million or more.  A municipality that has
1-10     that population under the 2000 federal decennial census is governed
1-11     by Subsections (c)-(g) according to the provisions of those
1-12     subsections.  A municipality that first attains that population
1-13     under a federal decennial census occurring after the 2000 census is
1-14     governed by Subsections (c)-(g) except that:
1-15                 (1)  the date used for purposes of Subsection (c) is
1-16     the date the official census data for the municipality is made
1-17     public by the United States Bureau of the Census; and
1-18                 (2)  the election required by Subsection (d) shall be
1-19     held on the date of the first municipal general election in the
1-20     municipality that occurs at least 60 days after the date the
1-21     official data for the municipality is made public by the United
1-22     States Bureau of the Census.
1-23           (b)  In this section:
1-24                 (1)  "Governing body of a municipality" includes the
 2-1     mayor of the municipality.
 2-2                 (2)  "Municipal term limit" means a provision in a
 2-3     municipal charter or ordinance that imposes a limit on the number
 2-4     of terms or otherwise restricts the length of service a member of
 2-5     the governing body of a municipality may serve on the governing
 2-6     body.
 2-7           (c)  A municipal term limit may not be used to disqualify a
 2-8     person who serves on the governing body of the municipality on
 2-9     September 1, 2001, from holding, or being a candidate for, an
2-10     office on the governing body if the term of the office begins
2-11     immediately following the term the person holds on September 1,
2-12     2001.
2-13           (d)  The mayor of the municipality shall order an election in
2-14     the municipality for November 6, 2001, on the question of
2-15     establishing the length of the terms of, and imposing term limits
2-16     on, the members of the governing body of the municipality.  The
2-17     ballot at the election must be printed to permit voting for or
2-18     against the proposition:  "Establishing four-year terms for the
2-19     members of the municipal governing body, including the mayor, and
2-20     limiting a person's service on the governing body to two terms."
2-21           (e)  If a majority of the votes received at the election are
2-22     against the proposition, the terms and term limits applicable to
2-23     the members of the governing body remain unchanged, and the
2-24     municipality shall operate in accordance with the municipal charter
2-25     and ordinances, except as provided by Subsection (c).
2-26           (f)  If a majority of the votes received at the election
2-27     favor the proposition and if the constitutional amendment proposed
 3-1     by the 77th Legislature, Regular Session, 2001, that permits the
 3-2     legislature to authorize the most populous municipality in the
 3-3     state, with voter approval, to increase the terms of office of the
 3-4     members of the governing body and mayor to not more than four-year
 3-5     terms, is adopted:
 3-6                 (1)  the terms of the members of the governing body
 3-7     elected at that election or at a subsequent election in the
 3-8     municipality are four years;
 3-9                 (2)  the number of cumulative terms a person may serve
3-10     on the governing body is limited to two terms; and
3-11                 (3)  a provision of the municipal charter or an
3-12     ordinance that conflicts with this subsection is superseded to the
3-13     extent of the conflict.
3-14           (g)  In applying a term limit adopted under this section:
3-15                 (1)  a term to which a member of the governing body was
3-16     elected or appointed before the election held under Subsection (d)
3-17     is not counted; and
3-18                 (2)  a partial term served by a person is counted only
3-19     if the person serves two years or more of the term.
3-20           SECTION 2.  This Act takes effect September 1, 2001.