78R7852 LJR-F

By:  Denny                                                        H.B. No. 2151


A BILL TO BE ENTITLED
AN ACT
relating to the petition requirements for and conduct of various elections. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 277.002(e), Election Code, is amended to read as follows: (e) A petition signature is invalid if the signer signed the petition earlier than the 180th day before the date the petition is filed. In regard to a petition to which this chapter applies, the petition must be filed with the appropriate authority not more than 180 days after it is issued, notwithstanding a conflicting law or ordinance providing for the petition. SECTION 2. Section 13.003(b), Education Code, is amended to read as follows: (b) To be valid, a petition must meet the standards of Chapter 277, Election Code, and: (1) be submitted to the county judge serving the county in which the appropriate school district is located; (2) be signed by at least 10 percent of the registered voters of the appropriate district; and (3) state the purpose for which it is being submitted. SECTION 3. Section 130.065(a), Education Code, is amended to read as follows: (a) If the annexation is by election, a petition signed by 10 [five] percent of the registered voters in the territory seeking to be annexed shall be presented to the county school board of the county, or to the commissioners court of the county in case there is no county school board. The petition is governed by Chapter 277, Election Code. SECTION 4. Section 130.070(b), Education Code, is amended to read as follows: (b) The proposed disannexation and creation of a separate junior college district shall be initiated by a petition signed by not less than 10 [five] percent [(5%)] of the registered voters of the independent school district seeking disannexation. The petition is governed by Chapter 277, Election Code. The petition shall be presented to the board of trustees of the independent school district seeking to be disannexed, which shall pass upon the legality and genuineness of the petition and forward the petition, if approved, to the coordinating board. SECTION 5. Section 130.087(b), Education Code, is amended to read as follows: (b) On presentation of a petition for an election to authorize a junior college district branch campus maintenance tax signed by not fewer than 10 [five] percent of the qualified voters of the jurisdiction in which the proposed tax is to be levied, the governing body of the school district or county, as applicable, shall determine the legality and the genuineness of the petition and, if it is determined to be legal and genuine, forward the petition to the Texas Higher Education Coordinating Board. The petition is governed by Chapter 277, Election Code. The governing body of a county with a population of 150,000 or less, on completion of a needs assessment analysis showing adequate need and on approval by the coordinating board, on its own motion and without the presentation of a petition, may propose an election to authorize a branch campus maintenance tax. SECTION 6. Section 191.023(d), Health and Safety Code, is amended to read as follows: (d) If the governing body of a municipality does not adopt a concurring resolution before the 91st day after the date on which a county adopts a resolution under Subsection (b), a petition by the qualified voters of the municipality may serve as the equivalent of a concurring resolution under Subsection (b). The petition must succinctly describe the intention to consolidate county and municipal maintenance of birth and death records and must be signed by a number of qualified voters equal to at least 10 [20] percent of the number of qualified voters voting in the most recent mayoral election. The petition is governed by Chapter 277, Election Code. SECTION 7. Section 286.102(b), Health and Safety Code, is amended to read as follows: (b) The board may order an election on the question of dissolving the district and disposing of the district's assets and obligations. The board shall order an election if the board receives a petition requesting an election that is signed by a number of residents of the district equal to at least 10 [15] percent of the registered voters in the district. The petition is governed by Chapter 277, Election Code. SECTION 8. Section 383.025(b), Health and Safety Code, is amended to read as follows: (b) Except as provided by Section 383.026, before a municipality or county issues bonds secured under Subsection (a), the municipality or county must publish notice of its intention to issue the bonds at least once in a newspaper of general circulation within the boundaries of the municipality or county. Not later than 180 [30] days after the date of the publication, not less than 10 percent of the qualified voters of the municipality or county may file a petition with the clerk or secretary of the governing body requesting the governing body to order an election on the issuance of the bonds. The petition is governed by Chapter 277, Election Code. On the filing of the petition, the governing body shall order an election to be held in the municipality or county to determine whether the bonds may be issued as indicated in the notice. The governing body shall set the date of the election in accordance with Section 41.001, Election Code. If the majority of voters who vote at the election approve the issuance of the bonds, the governing body may issue the bonds. If a petition is not filed within the period provided by this subsection, the governing body may issue the bonds without an election. SECTION 9. Section 775.025(a), Health and Safety Code, is amended to read as follows: (a) The board shall hold a hearing to consider the exclusion from the district of territory in a planned community if the board receives a petition requesting a hearing on the issue that is signed by at least 10 [five] percent of the qualified voters residing in the territory proposed to be excluded from the district. A petition submitted under this subsection must describe the boundaries of the territory to be excluded from the district. The petition is governed by Chapter 277, Election Code. SECTION 10. Section 25.022(b), Local Government Code, is amended to read as follows: (b) The petition must be signed by a number of qualified voters equal to at least 10 [20] percent of the total number of qualified voters who voted for mayor at the most recent municipal election at which the office of mayor was to be filled. The petition is governed by Chapter 277, Election Code. SECTION 11. Section 231.076(b), Local Government Code, is amended to read as follows: (b) To be valid, a petition must be signed by registered voters of the county in a number equal to at least 10 percent of the number of votes received by all candidates for governor in the county in the most recent gubernatorial general election. The petition must be validated as provided by Chapter 277, Election Code [also include each signer's current voter registration number, printed name, and residence address, including zip code]. SECTION 12. Section 2001.652(d), Occupations Code, is amended to read as follows: (d) A signer must enter beside the signer's signature the date of signing the petition. A signature may not be counted if the signer fails to enter the date or if the date of signing is earlier than the 180th [90th] day before the date the petition is submitted to the governing body. The petition is governed by Chapter 277, Election Code. SECTION 13. Sections 41.0041(b) and 65.002(d), Election Code, are repealed. SECTION 14. This Act takes effect September 1, 2003.