BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1945

81R9167 JRJ-D                                                                                              By: Herrero (Hinojosa)

                                                                                                                                       State Affairs

                                                                                                                                            5/12/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 70th Legislature, Regular Session, 1987, enacted the provisions of Section 41.0051, Election Code,  relating to general elections in certain coastal cities, to allow Corpus Christi to hold an election for municipal officers on any Saturday in April in odd-numbered years and to exempt the city from the May and November uniform election date requirements set by Texas law. During the 80th Legislature, Regular Session, 2007, in addition to uniform election date requirements applied to independent school districts, provisions were added to that section to require elections for trustees to be held with either a municipality in which the school district is located or with the general election for state and county officers.  These statutory requirements limit election date choices for independent school districts in Corpus Christi.

 

This bill is intended to ensure that a valid election is held in Corpus Christi in accordance with guidelines established by the secretary of state and the comptroller of public accounts and to allow the city's independent school districts to hold elections in May, thereby establishing a uniform election date for the community. In order to achieve this, the provision relating to general elections in certain coastal cities must be repealed.

 

H.B. 1945 amends current law relating to the date of the general election for certain political subdivisions.

 

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.  Repealer: Section 41.0051 (General Election in Certain Coastal Cities), Election Code.

 

SECTION 2.  (a)  Requires that each of the following, not later than December 31, 2009, choose a uniform election date for its general election for officers in 2011 and subsequent years:

 

(1)  the governing body of a city that held its general election for officers in 2007 on a date authorized by Section 41.0051, Election Code; and

 

(2)  an independent school district located wholly or partly in a city described by Subdivision (1) of this  subsection.

 

(b)  Requires the governing body of a political subdivision required to change its election date under this section to adjust the terms of office to conform to the new election date.

 

SECTION 3.  Provides that all elections held under Section 41.0051, Election Code, before the effective date of this Act are valid, ratified, and confirmed in all respects.

 

SECTION 4.  Effective date: September 1, 2009.