79R137 ATP-D
By: Gattis H.B. No. 733
A BILL TO BE ENTITLED
AN ACT
relating to the date on which an election on the issuance of bonds
or the imposition or increase of taxes must be held.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.001, Election Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
(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.
(f) An election on the question of the issuance of bonds or
the increase or imposition of taxes must be held on the November
uniform election date. Notwithstanding Subsection (b)(6), to the
extent of a conflict between this subsection and another law,
including a local law, this subsection controls.
SECTION 2. Section 1251.003(c), Government Code, is amended
to read as follows:
(c) The election shall be held on the first November uniform
election date that occurs after the date of the election order and
allows sufficient time to comply with other requirements of law
[not less than 15 days nor more than 90 days from the date of the
election order, subject to Section 41.001(b), Election Code].
SECTION 3. Section 282.080(c), Health and Safety Code, is
amended to read as follows:
(c) When the commissioners court receives the
certification, the commissioners court shall order an election on
the issuance of the bonds to be held in the district on the first
November uniform election date prescribed by Section 41.001, [the]
Election Code, that allows sufficient time to comply with other
requirements of law.
SECTION 4. Section 286.023(g), Health and Safety Code, is
amended to read as follows:
(g) The election shall be held on the first November uniform
election date that occurs on or after the 62nd [after the 45th day
and on or before the 60th] day after the date the election is
ordered.
SECTION 5. Section 775.0745(c), Health and Safety Code, is
amended to read as follows:
(c) The election shall be held on the first November uniform
election date provided by Section 41.001, [the] Election Code,
after the date of the board's order that allows sufficient time to
comply with any requirements of law.
SECTION 6. Section 776.0755(c), Health and Safety Code, is
amended to read as follows:
(c) The election shall be held on the first November uniform
election date provided by Section 41.001, [the] Election Code,
after the date of the board's order that allows sufficient time to
comply with any requirements of law.
SECTION 7. Section 377.021(g), Local Government Code, is
amended to read as follows:
(g) In the order calling the election, the municipality may
provide for the district boundaries to conform automatically to any
changes in the boundaries of the portion of the municipality
included in the district, and the election shall be held on the
first November [one of the four] uniform election date that occurs
after the date of the election order and allows sufficient time to
comply with other requirements of law [dates under Section 41.001,
Election Code].
SECTION 8. Section 3813.152(b), Special District Local Laws
Code, is amended to read as follows:
(b) An [The] election to adopt or increase the rate of a
sales and use tax must be held on the next November uniform election
date that falls on or after the 62nd [45th] day after the date the
election order is adopted. An election to abolish or lower the rate
of a sales and use tax must be held on the next uniform election date
that falls on or after the 62nd day after the date the election
order is adopted.
SECTION 9. Section 26.08(b), Tax Code, is amended to read as
follows:
(b) The governing body shall order that the election be held
in the school district on the next November uniform election date
that occurs [a date] not less than 62 [30 or more than 90] days after
the day on which it adopted the tax rate. [Section 41.001, Election
Code, does not apply to the election unless a date specified by that
section falls within the time permitted by this section.] At the
election, the ballots shall be prepared to permit voting for or
against the proposition: "Approving the ad valorem tax rate of
$_____ per $100 valuation in (name of school district) for the
current year, a rate that is $_____ higher per $100 valuation than
the school district rollback tax rate." The ballot proposition
must include the adopted tax rate and the difference between that
rate and the rollback tax rate in the appropriate places.
SECTION 10. Section 321.403, Tax Code, is amended to read as
follows:
Sec. 321.403. TIME OF ELECTION. (a) An election under this
chapter to adopt the tax authorized under Section 321.101(a) must
be held on the first succeeding November uniform election date for
which sufficient time elapses for the holding of an election.
(b) An election on the approval of the additional sales and
use tax must be held on the next succeeding November uniform
election date for which sufficient time elapses for the holding of
an [not less than 30 days after the passage of the ordinance calling
the] election.
SECTION 11. Section 323.403, Tax Code, is amended to read as
follows:
Sec. 323.403. TIME OF ELECTION. An election to adopt a tax
authorized by this chapter must be held on the next November uniform
election day not less than 62 days after the day on which the order
calling the election was passed. An election to abolish a tax
authorized by [under] this chapter must be held on the next uniform
election day not less than 62 [30] days after the day on which the
order calling the election was passed.
SECTION 12. Section 325.061(a), Tax Code, is amended to
read as follows:
(a) An election to adopt or abolish the tax authorized by
this chapter is called by the adoption of an order by the
commissioners court of the county. The commissioners court may
call an election on its own motion or shall call an election if a
number of qualified voters of the county equal to at least five
percent of the number of registered voters in the county petition
the commissioners court to call the election. An election to adopt
the tax authorized by this chapter must be held on the next November
uniform election date not less than 62 days after the day on which
the order calling the election was passed. An election to abolish
the tax authorized by [under] this chapter must be held on the next
uniform election date not less than 62 [10] days after the day on
which the order calling the election was passed.
SECTION 13. Section 457.053(b), Transportation Code, is
amended to read as follows:
(b) After proposing a service plan and an initial tax rate,
the board shall call an election in the county to approve the
creation of the authority and the tax rate. The election must be
held on the November [a] uniform election date but may not be held
on the same day as an election held by the county under Section
323.101, Tax Code. The election is not held in the territory of the
principal municipality.
SECTION 14. The following laws are repealed:
(1) Section 286.023(h), Health and Safety Code;
(2) Section 54.004(c), Transportation Code; and
(3) Section 7, Chapter 702, Acts of the 68th
Legislature, Regular Session, 1983 (Article 717r, Vernon's Texas
Civil Statutes).
SECTION 15. The changes in law made by this Act apply only
to an election ordered on or after September 1, 2005.
SECTION 16. This Act takes effect September 1, 2005.