BILL ANALYSIS
Senate Research Center S.B. 1197
By: Patrick, Dan
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law requires a person appointed by the commissioners court to fill a vacancy in a county office to hold office until the next general election. A vacancy on the commissioners court is filled by a person appointed by the county judge until the next general election. As a result, voters are unable to elect an official to fill the office for a period of time.
As proposed, S.B. 1197 reduces the tenure of a person appointed by a commissioners court or a county judge until the next uniform election date as defined in Section 41.001 (Uniform Election Dates), Election Code.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 87.041(c), Local Government Code, as follows:
(c) Requires a person appointed by a commissioners court to fill a vacancy authorized to be filled by the commissioners court to hold office until the next uniform election date as defined in Section 41.001 (Uniform Election Dates), Election Code, rather than the next general election.
SECTION 2. Amends Section 87.042, Local Government Code, to require the county judge to appoint a suitable resident of the county commissioner precinct in which a vacancy exists to fill a vacancy until the next uniform election date as defined in Section 41.001, Election Code, rather than the next general election, if a vacancy occurs in the office of county commissioner.
SECTION 3. Effective date: September 1, 2007.