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.