77R13620 E                           
         By Coleman, Dutton, Edwards                           H.B. No. 2321
         Substitute the following for H.B. No. 2321:
         By Edwards                                        C.S.H.B. No. 2321
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to petitioning for candidacy as a member of, and term
 1-3     limits on the members of, 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.  TERM LIMITS IN POPULOUS MUNICIPALITIES.
 1-8     (a)  This section applies only to a municipality with a population
 1-9     of 1.8 million or more.  A municipality that has that population
1-10     under the 2000 federal decennial census is governed by Subsections
1-11     (c)-(g) according to the provisions of those subsections.  A
1-12     municipality that first attains that population under a federal
1-13     decennial census occurring after the 2000 census is governed by
1-14     Subsections (c)-(g) except that the election required by Subsection
1-15     (c) shall be held on the date of the first municipal general
1-16     election in the municipality that occurs at least 60 days after the
1-17     date the official data for the municipality is made public by the
1-18     United States Bureau of the Census.
1-19           (b)  In this section:
1-20                 (1)  "Governing body of a municipality" includes the
1-21     mayor of the municipality.
1-22                 (2)  "Municipal term limit" means a provision in a
1-23     municipal charter or ordinance that imposes a limit on the number
1-24     of terms or otherwise restricts the length of service a member of
 2-1     the governing body of a municipality may serve on the governing
 2-2     body.
 2-3           (c)  The mayor of a municipality shall order an election in
 2-4     the municipality for November 5, 2002, on the question of imposing
 2-5     term limits on the members of the governing body of the
 2-6     municipality.  The ballot at the election must be printed to permit
 2-7     voting for or against the proposition:  "Authorizing term limits on
 2-8     a person's service on the governing body of the municipality."
 2-9           (d)  If a majority of the votes received at the election are
2-10     against the proposition, no term limits may be imposed on the
2-11     members of the governing body.
2-12           (e)  If a majority of the votes received at the election
2-13     favor the proposition, the number of cumulative terms a person may
2-14     serve on the governing body may be limited by the municipal charter
2-15     or an ordinance.
2-16           (f)  A provision of the municipal charter or an ordinance
2-17     that conflicts with Subsection (d) or (e) is superseded to the
2-18     extent of the conflict.
2-19           (g)  In applying a term limit authorized by this section:
2-20                 (1)  a term to which a member of the governing body was
2-21     elected or appointed before the election held under Subsection (c)
2-22     is counted only if the member served one-half or more of the term;
2-23     and
2-24                 (2)  a partial term to which a member of the governing
2-25     body is elected or appointed on or after the date of the election
2-26     held under Subsection (c) is counted only if the member serves
2-27     one-half or more of the term.
 3-1           (h)  This section expires January 1, 2003, unless continued
 3-2     by the legislature.
 3-3           SECTION 2.  This Act takes effect September 1, 2001.