BILL ANALYSIS

 

 

 

H.B. 1945

By: Herrero

Elections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

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 to November because the municipality holds its election outside of a uniform date.  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uniform election date for the community, the provision relating to general elections in certain coastal cities must be repealed.

 

H.B. 1945 repeals Section 41.0051, Election Code, relating to general elections in certain coastal cities.

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

 

H.B. 1945 repeals Section 41.0051, Election Code, relating to the general election in certain coastal cities. The bill requires the governing body of a city that held its general election for officers in 2007 on a date authorized by that section and an independent school district located wholly or partly in a city described by that section to choose, not later than December 31, 2009, a uniform election date for its general election for officers in 2011 and subsequent years.  The bill requires the governing body of a political subdivision required to change its election date under the bill's provisions to adjust the terms of office to conform to the new election date. The bill specifies that all elections held under the repealed section before the bill's effective date are validated, ratified, and confirmed in all respects.

EFFECTIVE DATE

 

September 1, 2009.