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.