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since the amended sections are to be repealed by a previous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.