BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 945

80R13650 DRH-D                                                                         By: Herrero, Ortiz, Jr. (Hinojosa)

                                                                                                                                       State Affairs

                                                                                                                                            5/10/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law under the Election Code requires independent school districts to hold their elections on either the May or November uniform election dates.  During the 79th Legislature, Regular Session, 2005, additional requirements were placed on independent school districts in the Education Code which required elections for trustees to be held in conjunction with either a municipality in which the school district is located or with the general election for state and county officers.  The Election Code further allows the City of Corpus Christi to hold an election for municipal officers on any Saturday in April in odd-numbered years.  Therefore, school districts within Corpus Christi are unable to hold their elections with the municipality because the city election is not held on a uniform election date.  In other words, the product of these requirements limits independent school districts within the municipality of Corpus Christi to only one possible election date in November.

 

H.B. 945 exempts independent school districts located within Corpus Christi from Section 11.0581 (Joint Elections Required), Education Code, which places the requirement on school districts to hold their elections in conjunction with a municipality of the general election for state and county officers.  This bill allows school districts in Corpus Christi to have the option of a second election date, regardless of whether any other political subdivision is holding an election.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 41.0051, Election Code, as follows:

 

Sec. 41.0051.  GENERAL ELECTION IN CERTAIN COASTAL CITIES.  (a)  Creates this subsection from existing text.

 

(b)  Provides that an independent school district located wholly or partly in a city holding an election authorized under Subsection (a) (authorizing the general election for officers of a city that borders the Gulf of Mexico, has a population of more than 230,000 according to the 1980 census, and held its general election for officers in 1987 on the first Saturday in April to be held on any Saturday in April in odd-numbered years) is not required to hold its elections on the same date as another political subdivision as provided by Section 11.0581 (Joint Elections Required), Education Code.

 

SECTION 2.  Effective date: September 1, 2007.