By Coleman                                            H.B. No. 2321
         77R5443 JMG-D                           
                                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 the municipality shall order an election in
 2-4     the municipality for November 6, 2001, 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:  "Limiting a person's
 2-8     service on the governing body of the municipality to five terms."
 2-9           (d)  If a majority of the votes received at the election are
2-10     against the proposition, the term limits applicable to the members
2-11     of the governing body remain unchanged, and the  municipality shall
2-12     operate in accordance with the municipal charter and ordinances.
2-13           (e)  If a majority of the votes received at the election
2-14     favor the proposition:
2-15                 (1)  the number of cumulative terms a person may serve
2-16     on the governing body is limited to five terms; and
2-17                 (2)  a provision of the municipal charter or an
2-18     ordinance that conflicts with this subsection is superseded to the
2-19     extent of the conflict.
2-20           (f)  In applying a term limit adopted under this section:
2-21                 (1)  a term to which a member of the governing body was
2-22     elected or appointed before the election held under Subsection (c)
2-23     is counted only if the member served one-half or more of the term;
2-24     and
2-25                 (2)  a partial term to which a member of the governing
2-26     body is elected or appointed on or after the date of the election
2-27     held under Subsection (c) is counted only if the member serves
 3-1     one-half or more of the term.
 3-2           (g)  A person who has served five cumulative terms on the
 3-3     governing body and who is otherwise qualified under law may again
 3-4     be a candidate for or elected to the governing body of the
 3-5     municipality if the person submits to the municipal secretary or
 3-6     municipal clerk, not later than the 20th day before the filing
 3-7     deadline for a place on the ballot, a petition signed by at least a
 3-8     number of registered voters of the territory from which the person
 3-9     seeks to be elected equal to the lesser of:
3-10                 (1)  five percent of the number of registered voters of
3-11     that territory; or
3-12                 (2)  20,000.
3-13           SECTION 2.  This Act takes effect September 1, 2001.