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.