By Shapiro, et al.                                      S.B. No. 79
         Substitute the following for S.B. No. 79:
         By Madden                                           C.S.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 3.004(a), Election Code, is amended to
 1-5     read as follows:
 1-6           (a)  The following authority shall order an election:
 1-7                 (1)  the county judge, for the general election for
 1-8     officers of the county government; and
 1-9                 (2)  [the mayor, for the general election for city
1-10     officers; and]
1-11                 [(3)]  the governing body of a political subdivision,
1-12     other than a county [or city], that has elective offices, for the
1-13     general election for those officers.
1-14           SECTION 2.  Section 41.001, Election Code, is amended by
1-15     amending Subsections (a), (b), and (d) and adding Subsection (e) to
1-16     read as follows:
1-17           (a)  Except as otherwise provided by this subchapter, each
1-18     general or special election in this state shall be held on one of
1-19     the following dates:
1-20                 (1)  the first [third] Saturday in February [January];
1-21                 (2)  the first Saturday in May;
1-22                 (3)  the second Saturday in September [August]; or
1-23                 (4)  the first Tuesday after the first Monday in
1-24     November.
 2-1           (b)  Subsection (a) does not apply to:
 2-2                 (1)  a runoff election;
 2-3                 (2)  [a local option election held under the Alcoholic
 2-4     Beverage Code;]
 2-5                 [(3)]  an election for the issuance or assumption of
 2-6     bonds or the levy of a tax for the maintenance of a public school
 2-7     or college, if the governing body of the political subdivision
 2-8     issuing or assuming the bonds or levying the tax:
 2-9                       (A)  [,] by resolution, order, or ordinance,
2-10     finds that holding the election on a date other than a uniform
2-11     election date is in the public interest, which finding is
2-12     conclusive and incontestable; and
2-13                       (B)  the election is the only election of the
2-14     type described by this subdivision held by that political
2-15     subdivision on a date other than a uniform election date during the
2-16     state fiscal biennium;
2-17                 (3) [(4)]  an election to resolve a tie vote;
2-18                 (4) [(5)]  an election held under an order of a court
2-19     or other tribunal;
2-20                 (5) [(6)]  an emergency election ordered under Section
2-21     41.0011;
2-22                 (6) [(7)]  an expedited election to fill a vacancy in
2-23     the legislature held under Section 203.013; or
2-24                 (7) [(8)  an election held by a political subdivision
2-25     using the convention method of election;]
2-26                 [(9)]  an election held under a statute that expressly
2-27     provides that the requirement of Subsection (a)  does not apply to
 3-1     the election[; or]
 3-2                 [(10)  an election to recall an officer of a political
 3-3     subdivision].
 3-4           (d)  A general election of officers of a city, school
 3-5     district, junior college district, or hospital district may not be
 3-6     held on the February [January] or September [August] uniform
 3-7     election date.
 3-8           (e)  An election for an office in which a majority vote is
 3-9     required may not be held on the September or February uniform
3-10     election date.  This subsection does not apply to an election
3-11     conducted under Section 26.045, Local Government Code.
3-12           SECTION 3. Section 41.253(b), Education Code, is amended to
3-13     read as follows:
3-14           (b)  The transitional board of trustees shall divide the
3-15     consolidated district into nine single-member trustee districts in
3-16     accordance with the procedures provided by Section 11.052. The
3-17     transitional board shall order an election for the initial board of
3-18     trustees to be held on the first February [January] uniform
3-19     election date after the effective date of a consolidation order.
3-20           SECTION 4. Section 363.057, Local Government Code, is amended
3-21     to read as follows:
3-22           Sec. 363.057.  ELECTION DATE. [(a)]  The election shall be
3-23     held on the first uniform election date that occurs after the 34th
3-24     day [and before the 61st day] after the date on which the election
3-25     is ordered.
3-26           [(b)  The requirement that an election be held on a uniform
3-27     election date as prescribed by Section 41.001(a), Election Code,
 4-1     does not apply to an election creating a district under this
 4-2     chapter.]
 4-3           SECTION 5. Section 49.103(b), Water Code, is amended to read
 4-4     as follows:
 4-5           (b)  An election shall be held on the uniform election date,
 4-6     established by the Election Code, in either February [January] or
 4-7     May of each even-numbered year to elect the appropriate number of
 4-8     directors.
 4-9           SECTION 6. Section 56.804(a), Water Code, as added by Chapter
4-10     222, Acts of the 76th Legislature, Regular Session, 1999, is
4-11     amended to read as follows:
4-12           (a)  The election shall be held on a uniform election day in
4-13     February [January] or May.
4-14           SECTION 7. (a)  This Act takes effect September 1, 2001.
4-15           (b)  An election held on the August uniform election date in
4-16     2001 is governed by the law in effect when the election is held,
4-17     and the former law is continued in effect for that purpose.
4-18           (c)  Section 41.006, Election Code, applies to a change in
4-19     election dates made in accordance with this Act.
4-20           (d)  An election ordered before the effective date of this
4-21     Act that is described by Section 41.001(b)(2), (3), (8), or (10),
4-22     Election Code, as it existed immediately before the effective date
4-23     of this Act, is governed by the law in effect when the election was
4-24     ordered, and the former law is continued in effect for that
4-25     purpose.