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A BILL TO BE ENTITLED
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AN ACT
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relating to filling certain vacancies on the governing body of |
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certain home-rule municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.045, Local Government Code, is |
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amended to read as follows: |
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Sec. 26.045. FILLING VACANCY ON GOVERNING BODY OF |
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MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE. (a) Except as |
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provided by Subsection (b), if [If] a vacancy occurs on the |
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governing body of a municipality with a population of 1.5 million or |
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more and more than 270 days remain before the date of the next |
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general election of members of the governing body, the governing |
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body shall order a special election in the district in which the |
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vacancy occurred, or in the entire municipality if the vacancy |
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occurred in an at-large position, to fill the vacancy. The special |
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election shall be held on an authorized uniform election date |
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prescribed by the Election Code that occurs before the general |
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election and that allows enough time to hold the election in the |
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manner required by law and shall be conducted in the same manner as |
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the municipality's general election except as provided by |
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provisions of the Election Code applicable to special elections to |
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fill vacancies. |
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(b) This section does not apply to a municipality that has |
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provided by charter or charter amendment a different procedure to |
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fill a vacancy on its governing body for which the unexpired term is |
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24 months or less. |
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SECTION 2. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 82nd Legislature, Regular |
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Session, 2011, authorizing a home-rule municipality to provide in |
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its charter the procedure to fill a vacancy on its governing body |
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for which the unexpired term is 24 months or less, is approved by |
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the voters. If that amendment is not approved by the voters, this |
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Act has no effect. |