By: Shapiro, et al. S.B. No. 79
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to uniform election dates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.001, Election Code, is amended by
1-5 amending Subsections (a), (b), and (d) and adding Subsection (e) to
1-6 read as follows:
1-7 (a) Except as otherwise provided by this subchapter, each
1-8 general or special election in this state shall be held on one of
1-9 the following dates:
1-10 (1) the first [third] Saturday in February [January];
1-11 (2) the first Saturday in May;
1-12 (3) the second Saturday in September [August]; or
1-13 (4) the first Tuesday after the first Monday in
1-14 November.
1-15 (b) Subsection (a) does not apply to:
1-16 (1) a runoff election;
1-17 (2) [a local option election held under the Alcoholic
1-18 Beverage Code;]
1-19 [(3)] an election for the issuance or assumption of
1-20 bonds or the levy of a tax for the maintenance of a public school
1-21 or college, if the governing body of the political subdivision
1-22 issuing or assuming the bonds or levying the tax:
1-23 (A) [,] by resolution, order, or ordinance,
1-24 finds that holding the election on a date other than a uniform
1-25 election date is in the public interest, which finding is
2-1 conclusive and incontestable; and
2-2 (B) the election is the only election of the
2-3 type described by this subdivision held by that political
2-4 subdivision on a date other than a uniform election date during the
2-5 state fiscal biennium;
2-6 (3) [(4)] an election to resolve a tie vote;
2-7 (4) [(5)] an election held under an order of a court
2-8 or other tribunal;
2-9 (5) [(6)] an emergency election ordered under Section
2-10 41.0011;
2-11 (6) [(7)] an expedited election to fill a vacancy in
2-12 the legislature held under Section 203.013; or
2-13 (7) [(8) an election held by a political subdivision
2-14 using the convention method of election;]
2-15 [(9)] an election held under a statute that expressly
2-16 provides that the requirement of Subsection (a) does not apply to
2-17 the election[; or]
2-18 [(10) an election to recall an officer of a political
2-19 subdivision].
2-20 (d) A general election of officers of a city, school
2-21 district, junior college district, or hospital district may not be
2-22 held on the February [January] or September [August] uniform
2-23 election date.
2-24 (e) An election for an office in which a majority vote is
2-25 required may not be held on the February or September uniform
2-26 election date.
3-1 SECTION 2. Subsection (b), Section 41.253, Education Code,
3-2 is amended to read as follows:
3-3 (b) The transitional board of trustees shall divide the
3-4 consolidated district into nine single-member trustee districts in
3-5 accordance with the procedures provided by Section 11.052. The
3-6 transitional board shall order an election for the initial board of
3-7 trustees to be held on the first February [January] uniform
3-8 election date after the effective date of a consolidation order.
3-9 SECTION 3. Section 363.057, Local Government Code, is
3-10 amended to read as follows:
3-11 Sec. 363.057. ELECTION DATE. [(a)] The election shall be
3-12 held on the first uniform election date that occurs after the 34th
3-13 day [and before the 61st day] after the date on which the election
3-14 is ordered.
3-15 [(b) The requirement that an election be held on a uniform
3-16 election date as prescribed by Section 41.001(a), Election Code,
3-17 does not apply to an election creating a district under this
3-18 chapter.]
3-19 SECTION 4. Subsection (b), Section 49.103, Water Code, is
3-20 amended to read as follows:
3-21 (b) An election shall be held on the uniform election date,
3-22 established by the Election Code, in either February [January] or
3-23 May of each even-numbered year to elect the appropriate number of
3-24 directors.
3-25 SECTION 5. Subsection (a), Section 56.804, Water Code, as
3-26 added by Chapter 222, Acts of the 76th Legislature, Regular
4-1 Session, 1999, is amended to read as follows:
4-2 (a) The election shall be held on a uniform election day in
4-3 February [January] or May.
4-4 SECTION 6. (a) An election that is held on the August
4-5 uniform election date in 2001 is subject to the prior law governing
4-6 that election, and the prior law is continued in effect for that
4-7 purpose.
4-8 (b) Section 41.006, Election Code, applies to a change in
4-9 election dates made in accordance with this Act.
4-10 (c) An election that is ordered before the effective date of
4-11 this Act and that is described by Subdivision (2), (3), (8), or
4-12 (10), Subsection (b), Section 41.001, Election Code, as it existed
4-13 immediately before the effective date of this Act, is subject to
4-14 that prior law, and the prior law is continued in effect for that
4-15 purpose.
4-16 SECTION 7. This Act takes effect September 1, 2001.