82R7864 NC-D
 
  By: Coleman H.B. No. 1745
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain municipalities to impose term
  limits on the members of their governing bodies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.   Subchapter C, Chapter 26, Local Government
  Code, is amended by adding Section 26.048 to read as follows:
         Sec. 26.048.  TERM LIMITS IN POPULOUS MUNICIPALITIES.  (a)  
  This section applies only to a municipality with a population of 1.8
  million or more.
         (b)  In this section:
               (1)  "Governing body of a municipality" includes the
  presiding officer of the municipality.
               (2)  "Municipal term limit" means a provision in a
  municipal charter or ordinance that imposes a limit on the number of
  terms or otherwise restricts the length of service a member of the
  governing body of a municipality may serve on the governing body.
         (c)  The governing body of the municipality shall decide
  whether an election held under this section will authorize term
  limits for members of the governing body of the municipality
  consisting of a maximum of:
               (1)  three four-year terms; or
               (2)  six two-year terms.
         (d)  The presiding officer of a municipality shall order an
  election in the municipality on the first uniform election date in
  November that occurs in an even-numbered year after this section
  becomes applicable to the municipality on the question of imposing
  term limits on the members of the governing body of the
  municipality.
         (e)  The ballot at the election must be printed to permit
  voting for or against the proposition: "Authorizing term limits
  consisting of (insert number of terms and length of terms) on a
  person's service on the governing body of the City of (insert name
  of municipality)."
         (f)  If a majority of the votes received at the election
  favor the proposition, the number and length of terms a person may
  serve on the governing body is limited as provided in the
  proposition.  The municipality shall adjust the length of the terms
  of the members of the governing body as necessary to comply with the
  proposition.
         (g)  If less than a majority of the votes received at the
  election favor the proposition, municipal term limits and the
  length of the terms of the members of the governing body that
  existed before the election are not affected.
         (h)  In applying a term limit authorized by this section:
               (1)  a term to which a member of the governing body was
  elected or appointed before the election held under Subsection (d)
  is counted only if the member served one-half or more of the term;
  and
               (2)  a partial term to which a member of the governing
  body is elected or appointed on or after the date of the election
  held under Subsection (d) is counted only if the member serves
  one-half or more of the term.
         (i)  This section expires January 1, 2013.
         SECTION 2.   This Act takes effect September 1, 2011.