SRC-JEC H.B. 872 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 872
By: Denny (Armbrister)
State Affairs
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, Texas provides four uniform election dates, but allows
seven exceptions permitting political subdivisions to hold elections on
other days.  The multitude of election dates that result from this
situation can cause confusion, frustration, and fatigue among voters,
election officials, and volunteers, which may contribute to low voter
turnout.  Moreover, the large number of election dates is costly to local
taxpayers.  H.B. 872 reduces the number of uniform election dates and
eliminates certain exceptions to the uniform election date provisions. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION  1.  Amends Sections 41.001(a) and (b), Election Code, as follows:

(a)  Removes the option for a general or special election in this state to
be held on the first Saturday in February or the second Saturday in
September.  Authorizes an election to be held on the third, rather than
first, Saturday in May, in addition to the first Tuesday after the first
Monday in November. 

(b)  Removes a provision that Subsection (a) does not apply to an election
for the issuance or assumption of bonds in certain circumstances. 

SECTION  2.  Amends Section 41.001(e), Election Code, to provide that in
addition to a date prescribed by Subsection (a), an election for an office
in which a majority vote is required and that is conducted under Section
26.045 (Filling Vacancy on Governing Body of Municipality With Population
of 1.5 Million or More), Local Government Code, may be held on the first
Saturday in February or the second Saturday in September, which are
considered to be dates that comply with Subsection (a) and Section 26.045,
Local Government Code.  Deletes a provision prohibiting such an election
from being held on the September or February uniform election date. 

SECTION  3.  Amends Section 41.0052(a), Election Code, to authorize the
governing body of a political subdivision other than a county, not later
than December 31, 2003, rather than 1999, to change the date on which it
holds its general election for officers to another authorized uniform
election date.  Prohibits an election on the new date from being held
before 2004, rather than 2000. 

SECTION  4.  Amends Section 41.253(b), Education Code, to require a
transitional board of trustees to order an election for the initial board
of trustees to be held on the first May, rather than February, uniform
election date after the effective date of a consolidation order. 

SECTION  5.  Amends Section 49.103(b), Water Code, to remove a February
election option. 

 SECTION  6.  Amends Section 56.804(a), Water Code, to make a conforming
change. 

SECTION  7.  Repealer:  Section 41.001(d) (prohibiting a general election
of officers of a city, school district, junior college district, or
hospital district from being held on the February or September uniform
election date), Election Code. 

SECTION  8.  Requires a political subdivision that before October 1, 2003,
held its general election for officers on the February or September
uniform election date or on the first Saturday in May, not later than
December 31, 2003, to change the election date as permitted by Section
41.0052, Election Code, as amended by SECTION 3 of this Act, to a date
authorized by Section 41.001, Election Code, as amended by SECTION 1 of
this Act. 

SECTION  9.  Effective date:  October 1, 2003.
  Makes application of this Act prospective.