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.