78R19389 DRH-D
Suspending limitations on conference committee
jurisdiction, H.B. No. 1695 (Denny/Nelson)
By: Denny H.R. No. 1758
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of Texas, 78th Legislature, Regular Session, 2003, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on House Bill 1695, relating to certain election processes and procedures, to consider and take action on the following matter: (1) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text amending Sections 2.051(b) and 2.053(c), Election Code, that reads as follows: [Sec. 2.051] (b) In the case of an election in which any members of the political subdivision's governing body are elected from territorial units such as single-member districts, this subchapter applies to the election in a particular territorial unit [single-member district] if[: [(1)] each candidate whose name is to appear on the ballot in that territorial unit [district] is unopposed and no at-large proposition or opposed at-large race is to appear on the ballot. This subchapter applies to an unopposed at-large race in such an election regardless of whether an opposed race is to appear on the ballot in a particular territorial unit[; and [(2) the requirements prescribed by Subsection (a) are otherwise met]. [Sec. 2.053.] (c) A certificate of election shall be issued to each candidate in the same manner and at the same time as provided for a candidate elected at the election. The candidate must qualify for the office in the same manner as provided for a candidate elected at the election. Explanation: The omission of these sections is necessary since the amended sections are to be repealed by a previous enactment of the 78th Legislature. (2) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add a new section amending Section 19.004, Election Code, to read as follows: SECTION 10. Section 19.004, Election Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) Except as provided by Subsection (d), state [State] funds disbursed under this chapter may be used only to defray expenses of the registrar's office in connection with voter registration, including additional expenses related to: (1) implementation of the National Voter Registration Act of 1993 (42 U.S.C. Section 1973gg et seq.); and (2) complying with the weekly updating requirements prescribed by Section 18.063. (d) If the secretary of state determines that federal matching funds are available under the federal Help America Vote Act of 2002, the secretary of state shall certify to the comptroller the amount of state funds required to qualify for the maximum amount of federal matching funds. On receipt of the certification, the comptroller shall deposit from funds otherwise available under this chapter an amount equal to the certified amount in the election improvement fund established under Section 31.011. Explanation: The addition of the new section is necessary to enable the state to be eligible to receive federal funds for election improvements beginning on September 1, 2003. (3) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add new sections amending Sections 41.001(a), (b), and (e), Election Code, to read as follows: SECTION 16. 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 17. Section 41.001(e), Election Code, is amended to read as follows: (e) In addition to a date prescribed by Subsection (a), an [An] election for an office in which a majority vote is required and that is [may not be held on the September or February uniform election date. This subsection does not apply to an election] conducted under Section 26.045, 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. Explanation: The additional new sections are necessary to provide for greater efficiency in holding elections by reducing the number of dates on which an election by political subdivisions may be held. (4) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add a new section amending Section 41.007(b), Election Code, to read as follows: SECTION 18. Section 41.007(b), Election Code, is reenacted to read as follows: (b) The runoff primary election date is the second Tuesday in April following the general primary election. Explanation: The added section is necessary to resolve a conflict between two previous enactments of the 78th Legislature relating to the date of the primary run-off election. (5) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add new sections amending Section 41.253(b), Education Code, and Sections 49.103(b) and 56.804(a), Water Code, to read as follows: SECTION 46. 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 47. 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 48. 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. Explanation: The added sections are necessary to conform the various laws governing the elections of political subdivisions with the new uniform election dates established in the bill. (6) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add new text repealing Section 41.001(d), Election Code, in Section 49 of the bill. Explanation: The added text repealing Section 41.001(d), Election Code, is necessary to conform to the uniform election dates established by the bill. (7) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add new text to the bill in Section 50 to read as follows: SECTION 50. (a) Notwithstanding any other enactment of the 78th Legislature, Regular Session, 2003, that amends Section 41.007(b), Election Code, including Section 1, H.B. No. 2496, and Section 16, H.B. No. 1549, the runoff primary election day remains on the second Tuesday in April following the general primary election as provided by Section 18 of this Act. (b) Notwithstanding any other enactment of the 78th Legislature, Regular Session, 2003, that modifies Section 41.001(a), Election Code, including Section 14, H.B. No. 1549, the uniform election date remains on the first Saturday in May, as provided by Section 16 of this Act. (c) Section 2.056(b), Election Code, as added by Section 1, H.B. No. 1344, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: (b) This section applies to a general or special election for an office of a political subdivision other than a county. (d) Notwithstanding any other enactment of the 78th Legislature, Regular Session, 2003, including Section 1, H.B. No. 1476, Sections 2.051-2.053, Election Code, are repealed. (e) Subsection (c) of this section takes effect on the date that H.B. No. 1344, Acts of the 78th Legislature, Regular Session, 2003, takes effect. If H.B. No. 1344 does not take effect, Subsection (c) has no effect. (f) Subsection (d) of this section takes effect on the date that H.B. No. 1476, Acts of the 78th Legislature, Regular Session, 2003, takes effect. If H.B. No. 1476 does not take effect, Subsection (d) has no effect. Explanation: The added text is necessary to resolve conflicts between various previous enactments of the 78th Legislature involving election processes and procedures. (8) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text to the bill in Section 51(c) to read as follows: (c) 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 to a date authorized by Section 41.001, Election Code, as amended by this Act. An election on the new date may not be held before the uniform election date in May 2004. Explanation: The added text is necessary to require political subdivisions to conform to the uniform election dates established in the bill.