79R7275 DRH-D

By:  Bohac                                                        H.B. No. 2508



A BILL TO BE ENTITLED

AN ACT

relating to exceptions to the use of uniform election dates.                  
	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; and
			(C)  makes an application with the secretary of 
state to hold the election on that date and the secretary of state 
finds that holding the election on that date is in the public 
interest;
		(3)  an election to resolve a tie vote;                                       
		(4)  an election held under an order of a court or other 
tribunal;          
		(5)  an emergency election ordered under Section 
41.0011;                   
		(6)  an expedited election to fill a vacancy in the 
legislature held under Section 203.013; or
		(7)  an election held under a statute that expressly 
provides that the requirement of Subsection (a) does not apply to 
the election.
	(f)  The secretary of state may adopt procedures as necessary 
to implement Subsection (b)(2)(C).
	SECTION 2.  The change in law made by this Act applies only 
to an election ordered on or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.