1-1 By: Shapiro S.B. No. 79
1-2 (In the Senate - Filed November 13, 2000; January 10, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 14, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 1;
1-6 February 14, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 79 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to uniform election dates.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 41.001, Election Code, is amended by
1-13 amending Subsections (a), (b), and (d) and adding Subsection (e) to
1-14 read as follows:
1-15 (a) Except as otherwise provided by this subchapter, each
1-16 general or special election in this state shall be held on one of
1-17 the following dates:
1-18 (1) the first [third] Saturday in February [January];
1-19 (2) the first Saturday in May;
1-20 (3) the second Saturday in September [August]; or
1-21 (4) the first Tuesday after the first Monday in
1-22 November.
1-23 (b) Subsection (a) does not apply to:
1-24 (1) a runoff election;
1-25 (2) [a local option election held under the Alcoholic
1-26 Beverage Code;]
1-27 [(3) an election for the issuance or assumption of
1-28 bonds or the levy of a tax for the maintenance of a public school
1-29 or college, if the governing body of the political subdivision
1-30 issuing or assuming the bonds or levying the tax, by resolution,
1-31 order, or ordinance, finds that holding the election on a date
1-32 other than a uniform election date is in the public interest, which
1-33 finding is conclusive and incontestable;]
1-34 [(4)] an election to resolve a tie vote;
1-35 (3) [(5)] an election held under an order of a court
1-36 or other tribunal;
1-37 (4) [(6)] an emergency election ordered under Section
1-38 41.0011;
1-39 (5) [(7)] an expedited election to fill a vacancy in
1-40 the legislature held under Section 203.013; or
1-41 (6) [(8) an election held by a political subdivision
1-42 using the convention method of election;]
1-43 [(9)] an election held under a statute that expressly
1-44 provides that the requirement of Subsection (a) does not apply to
1-45 the election[; or]
1-46 [(10) an election to recall an officer of a political
1-47 subdivision].
1-48 (d) A general election of officers of a city, school
1-49 district, junior college district, or hospital district may not be
1-50 held on the February [January] or September [August] uniform
1-51 election date.
1-52 (e) An election for an office in which a majority vote is
1-53 required may not be held on the February or September uniform
1-54 election date.
1-55 SECTION 2. Subsection (b), Section 41.253, Education Code,
1-56 is amended to read as follows:
1-57 (b) The transitional board of trustees shall divide the
1-58 consolidated district into nine single-member trustee districts in
1-59 accordance with the procedures provided by Section 11.052. The
1-60 transitional board shall order an election for the initial board of
1-61 trustees to be held on the first February [January] uniform
1-62 election date after the effective date of a consolidation order.
1-63 SECTION 3. Section 363.057, Local Government Code, is
1-64 amended to read as follows:
2-1 Sec. 363.057. ELECTION DATE. [(a)] The election shall be
2-2 held on the first uniform election date that occurs after the 34th
2-3 day [and before the 61st day] after the date on which the election
2-4 is ordered.
2-5 [(b) The requirement that an election be held on a uniform
2-6 election date as prescribed by Section 41.001(a), Election Code,
2-7 does not apply to an election creating a district under this
2-8 chapter.]
2-9 SECTION 4. Subsection (b), Section 49.103, Water Code, is
2-10 amended to read as follows:
2-11 (b) An election shall be held on the uniform election date,
2-12 established by the Election Code, in either February [January] or
2-13 May of each even-numbered year to elect the appropriate number of
2-14 directors.
2-15 SECTION 5. Subsection (a), Section 56.804, Water Code, as
2-16 added by Chapter 222, Acts of the 76th Legislature, Regular
2-17 Session, 1999, is amended to read as follows:
2-18 (a) The election shall be held on a uniform election day in
2-19 February [January] or May.
2-20 SECTION 6. (a) An election that is held on the August
2-21 uniform election date in 2001 is subject to the prior law governing
2-22 that election, and the prior law is continued in effect for that
2-23 purpose.
2-24 (b) Section 41.006, Election Code, applies to a change in
2-25 election dates made in accordance with this Act.
2-26 (c) An election that is ordered before the effective date of
2-27 this Act and that is described by Subdivision (2), (3), (8), or
2-28 (10), Subsection (b), Section 41.001, Election Code, as it existed
2-29 immediately before the effective date of this Act, is subject to
2-30 that prior law, and the prior law is continued in effect for that
2-31 purpose.
2-32 SECTION 7. This Act takes effect September 1, 2001.
2-33 * * * * *