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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipalities to impose term |
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limits on municipal controllers and on the members of the |
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municipalities' governing bodies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 26, Local Government Code, |
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is amended by adding Section 26.048 to read as follows: |
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Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES. |
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(a) This section applies only to a municipality with a population |
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of 1.8 million or more. |
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(b) In this section: |
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(1) "Controller" means the elected chief financial |
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officer of a municipality. |
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(2) "Governing body of a municipality" includes the |
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mayor of the municipality. |
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(3) "Municipal term limit" means a provision in a |
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municipal charter or ordinance that imposes a limit on the number of |
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terms or otherwise restricts the length of service of an elected |
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official of a municipality. |
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(c) The governing body of the municipality shall decide |
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whether an election held under this section will authorize term |
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limits for the controller and members of the governing body of the |
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municipality consisting of a maximum of: |
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(1) four two-year terms. |
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(d) The mayor of a municipality shall order an election in |
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the municipality on the first November uniform election date that |
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occurs in an even-numbered year after this section becomes |
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applicable to the municipality on the question of imposing term |
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limits on the controller and members of the governing body of the |
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municipality. |
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(e) The ballot at the election must be printed to permit |
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voting for or against the proposition: "Authorizing term limits |
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consisting of (insert number of terms and length of terms) on a |
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person's service as the controller and on the governing body of the |
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City of (insert name of municipality)." |
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(f) If a majority of the votes received at the election |
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favor the proposition, the number and length of terms a person may |
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serve as the controller or on the governing body is limited as |
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provided in the proposition. The municipality shall adjust the |
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length of the terms of the controller and members of the governing |
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body as necessary to comply with the proposition. |
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(g) If less than a majority of the votes received at the |
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election favor the proposition, municipal term limits and the |
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length of the terms of the controller and members of the governing |
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body that existed before the election are not affected. |
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(h) In applying a term limit authorized by this section: |
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(1) a term to which a controller or member of the |
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governing body was elected or appointed before the election held |
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under Subsection (d) is counted only if the controller or member |
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served one-half or more of the term; and |
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(2) a partial term to which a controller or member of |
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the governing body is elected or appointed on or after the date of |
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the election held under Subsection (d) is counted only if the |
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controller or member serves one-half or more of the term. |
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(i) This section expires January 1, 2011. |
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SECTION 2. This Act takes effect September 1, 2009. |
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