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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 the members of their 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 |
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Code, is amended by adding Section 26.048 to read as follows: |
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Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES. (a) |
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This section applies only to a municipality with a population of 1.8 |
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million or more. |
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(b) In this section: |
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(1) "Governing body of a municipality" includes the |
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presiding officer of the municipality. |
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(2) "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 a member of the |
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governing body of a municipality may serve on the governing body. |
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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 members of the governing body of the municipality |
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consisting of a maximum of: |
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(1) three four-year terms; or |
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(2) six two-year terms. |
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(d) The presiding officer of a municipality shall order an |
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election in the municipality on the first uniform election date in |
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November that occurs in an even-numbered year after this section |
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becomes applicable to the municipality on the question of imposing |
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term limits on the 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 on the governing body of the City of (insert name |
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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 on the governing body is limited as provided in the |
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proposition. The municipality shall adjust the length of the terms |
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of the members of the governing body as necessary to comply with the |
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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 members of the governing body that |
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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 member of the governing body was |
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elected or appointed before the election held under Subsection (d) |
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is counted only if the member served one-half or more of the term; |
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and |
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(2) a partial term to which a member of the governing |
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body is elected or appointed on or after the date of the election |
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held under Subsection (d) is counted only if the member serves |
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one-half or more of the term. |
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(i) This section expires January 1, 2013. |
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SECTION 2. This Act takes effect September 1, 2011. |