78R5193 ATP-D
By: Denny H.B. No. 872
A BILL TO BE ENTITLED
AN ACT
relating to the dates on which elections may be held.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 41.001(a) and (b), Election Code, are
amended to read as follows:
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) [the first Saturday in February;
[(2)] the first Saturday in May;
[(3) the second Saturday in September;] or
(2) [(4)] the first Tuesday after the first Monday in
November.
(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) [an election for the issuance or assumption of
bonds for any purpose authorized by law relating to public schools
or colleges or the levy of a tax for the maintenance of a public
school or college, if the governing body of the political
subdivision having jurisdiction of the public school or college
issuing or assuming the bonds or levying the tax:
[(A) by resolution, order, or ordinance, finds
that holding the election on a date other than a uniform election
date is in the public interest, which finding is conclusive and
incontestable; and
[(B) the election is the only election of the
type described by this subdivision held by that political
subdivision on a date other than a uniform election date during the
state fiscal biennium;
[(3)] an election to resolve a tie vote;
(3) [(4)] an election held under an order of a court or
other tribunal;
(4) [(5)] an emergency election ordered under Section
41.0011;
(5) [(6)] an expedited election to fill a vacancy in
the legislature held under Section 203.013; or
(6) [(7)] an election held under a statute that
expressly provides that the requirement of Subsection (a) does not
apply to the election.
SECTION 2. Section 41.0052(a), Election Code, is amended to
read as follows:
(a) The governing body of a political subdivision other than
a county may, not later than December 31, 2003 [1999], change the
date on which it holds its general election for officers to another
authorized uniform election date. An election on the new date may
not be held before 2004 [2000].
SECTION 3. Section 41.253(b), Education Code, is amended to
read as follows:
(b) The transitional board of trustees shall divide the
consolidated district into nine single-member trustee districts in
accordance with the procedures provided by Section 11.052. The
transitional board shall order an election for the initial board of
trustees to be held on the first May [February] uniform election
date after the effective date of a consolidation order.
SECTION 4. Section 49.103(b), Water Code, is amended to
read as follows:
(b) An election shall be held on the uniform election date,
established by the Election Code, in [either February or] May of
each even-numbered year to elect the appropriate number of
directors.
SECTION 5. Section 56.804(a), Water Code, is amended to
read as follows:
(a) The election shall be held on a uniform election day in
[February or] May.
SECTION 6. Sections 41.001(d) and (e), Election Code, are
repealed.
SECTION 7. Not later than December 31, 2003, a political
subdivision that before October 1, 2003, held its general election
for officers on the February or September uniform election date
shall change the election date as permitted by Section 41.0052,
Election Code, as amended by Section 2 of this Act, to a date
authorized by Section 41.001, Election Code, as amended by Section
1 of this Act.
SECTION 8. This Act takes effect October 1, 2003, and
applies only to an election ordered on or after that date.