BILL ANALYSIS |
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C.S.H.B. 2917 |
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By: Alvarado |
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Urban Affairs |
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Committee Report (Substituted) |
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BACKGROUND AND PURPOSE
Interested parties have raised concerns regarding term limits for members of the governing body of certain municipalities and contend that these municipalities should have the authority to impose term limits on the members of their governing bodies. C.S.H.B. 2917 seeks to address this concern.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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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.
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ANALYSIS
C.S.H.B. 2917 amends the Local Government Code to require the governing body of a municipality with a population of 1.8 million or more to order an election in the municipality on the question of imposing term limits of a maximum of two four-year terms on the members of the governing body of the municipality and the controller of the municipality. The bill requires the governing body of a municipality, if the bill's provisions take effect immediately, to order an election to be held November 3, 2015, or, if the bill's provisions take effect September 1, 2015, to order an election to be held November 7, 2017. The bill sets out the ballot language for the election and provides for the limitation and adjustment of the term lengths, as applicable, based on the election results. The bill establishes that a term limit authorized by these provisions applies only to members of the governing body of a municipality or a controller of a municipality elected at a general election held on or after November 5, 2019.
C.S.H.B. 2917 establishes that, in applying the term limit, a member of the governing body of a municipality or a controller of a municipality is eligible for election to another municipal office that the member or controller has not previously held; the office of council member of the municipality, whether elected by district or at-large, is considered to be the same office; a person who was barred from election to a certain office by the municipality's charter or ordinance before November 5, 2019, continues to be barred from election to the same office; a member of the governing body or a controller who is serving a first or second term as a member of the governing body or as the controller is eligible for election to serve one additional four-year term in the same office; a member of the governing body or a controller who is serving a third term as a member of the governing body or as the controller is not eligible for election to the same office; a term to which a member of the governing body or controller was elected or appointed before the election held on the question of imposing term limits is counted only if the member or controller served one-half or more of the term; and a partial term to which a member of the governing body or a controller was elected or appointed on or after the date of such an election is counted only if the member or controller serves one-half or more of the term. The bill's provisions expire January 1, 2020.
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EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2917 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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