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.