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A BILL TO BE ENTITLED
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AN ACT
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relating to holding elections on uniform election dates. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.0581(a), Education Code, is amended |
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to read as follows: |
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(a) An election for trustees of an independent school |
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district shall be held on a uniform election date [the same date as:
|
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[(1)
the election for the members of the governing
|
|
body of a municipality located in the school district;
|
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[(2)
the general election for state and county
|
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officers;
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[(3)
the election for the members of the governing
|
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body of a hospital district, if the school district:
|
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[(A)
is wholly or partly located in a county with
|
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a population of less than 40,000 that is adjacent to a county with a
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population of more than three million; and
|
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[(B)
held its election for trustees jointly with
|
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the election for the members of the governing body of the hospital
|
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district before May 2007; or
|
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[(4)
the election for the members of the governing
|
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board of a public junior college district in which the school
|
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district is wholly or partly located]. |
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SECTION 2. Section 41.012, Education Code, is amended to |
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read as follows: |
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Sec. 41.012. DATE OF ELECTIONS. An election under this |
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chapter for voter approval of an agreement entered by the board of |
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trustees shall be held on a uniform election date [Tuesday or
|
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Saturday not more than 45 days after the date of the agreement.
|
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Section 41.001, Election Code, does not apply to the election]. |
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SECTION 3. Section 41.253(b), Education Code, is amended to |
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read as follows: |
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(b) The transitional board of trustees shall divide the |
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consolidated district into nine single-member trustee districts in |
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accordance with the procedures provided by Section 11.052. The |
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transitional board shall order an election for the initial board of |
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trustees to be held on the first [May] uniform election date after |
|
the effective date of a consolidation order. |
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SECTION 4. Sections 41.001(a), (b), and (c), Election Code, |
|
are amended to read as follows: |
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(a) Except as otherwise provided by this subchapter, each |
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general or special election in this state shall be held on one of |
|
the following dates: |
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(1) the first Tuesday in March [Saturday in May in an
|
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odd-numbered year;
|
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[(2)
the first Saturday in May in an even-numbered
|
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year, for an election held by a political subdivision other than a
|
|
county]; or |
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(2) [(3)] the first Tuesday after the first Monday in |
|
November. |
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(b) Subsection (a) does not apply to: |
|
(1) a runoff election; |
|
(2) an election to resolve a tie vote; |
|
(3) an election held under an order of a court or other |
|
tribunal; |
|
(4) an emergency election ordered under Section |
|
41.0011; |
|
(5) an expedited election to fill a vacancy in the |
|
legislature held under Section 203.013; |
|
(6) a special [an] election held under Chapter 203 or |
|
204 [a statute that expressly provides that the requirement of
|
|
Subsection (a) does not apply to the election]; or |
|
(7) the initial election of the members of the |
|
governing body of a newly incorporated city. |
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(c) Except for an election under Subsection (a) or Section |
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41.0011 [or a runoff election following an election held under
|
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Subsection (a)(2)], an election may not be held within 30 days |
|
before or after the date of the general election for state and |
|
county officers, general primary election, or runoff primary |
|
election. |
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SECTION 5. Subchapter A, Chapter 41, Election Code, is |
|
amended by adding Section 41.0051 to read as follows: |
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Sec. 41.0051. ELECTION TO ISSUE BONDS. Notwithstanding any |
|
other law, an election for the issuance of bonds by a political |
|
subdivision shall be held on a uniform election date. |
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SECTION 6. Section 41.0052(a), Election Code, is amended to |
|
read as follows: |
|
(a) The governing body of a political subdivision[, other
|
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than a county or municipal utility district,] that holds its |
|
general election for officers on a date other than the November |
|
uniform election date shall [may], not later than December 31, 2019 |
|
[2016], change the date on which it holds its general election for |
|
officers to the November uniform election date. |
|
SECTION 7. Section 43.007(a), Election Code, is amended to |
|
read as follows: |
|
(a) The secretary of state shall implement a program to |
|
allow each commissioners court participating in the program to |
|
eliminate county election precinct polling places and establish |
|
countywide polling places for: |
|
(1) each general election for state and county |
|
officers; |
|
(2) [each election held on the uniform election date
|
|
in May and any resulting runoff;
|
|
[(3)] each election on a proposed constitutional |
|
amendment; |
|
(3) [(4)] each primary election and runoff primary |
|
election if: |
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(A) the county chair or county executive |
|
committee of each political party participating in a joint primary |
|
election under Section 172.126 agrees to the use of countywide |
|
polling places; or |
|
(B) the county chair or county executive |
|
committee of each political party required to nominate candidates |
|
by primary election agrees to use the same countywide polling |
|
places; and |
|
(4) [(5)] each election of a political subdivision |
|
located in the county that is held jointly with an election |
|
described by Subdivision (1), (2), or (3)[, or (4)]. |
|
SECTION 8. Section 262.005(e), Health and Safety Code, is |
|
amended to read as follows: |
|
(e) [Section 41.001(a), Election Code, requiring an
|
|
election to be held on a uniform election date, does not apply to an
|
|
election under this section.] The ballot shall be printed to |
|
provide for voting for or against the proposition: "Dissolution of |
|
the (name of the authority)." |
|
SECTION 9. Sections 43.0755(h), (j), and (k), Local |
|
Government Code, are amended to read as follows: |
|
(h) If a majority of the voters voting in an election under |
|
Subsection (c)(2) or (4) approve the proposition submitted on the |
|
form of local government, the county judge of the county in which |
|
the municipality or alternate form of local government is located |
|
shall order an election for the governing body of the municipality |
|
or alternate form of local government to be held on a date that |
|
complies with the provisions of the Election Code[, except that
|
|
Section 41.001(a), Election Code, does not apply]. A municipality |
|
or alternate form of local government resulting from an election |
|
described by this subsection is incorporated or established on the |
|
date a majority of the members of the governing body qualify and |
|
take office. |
|
(j) The temporary governing body under Subsection (i) shall |
|
order an election to elect the permanent governing body of the |
|
municipality or alternate form of local government to occur on a |
|
date that complies with the provisions of the Election Code[,
|
|
except that Section 41.001(a), Election Code, does not apply]. |
|
(k) An election ordered under Subsection [(h) or] (j) to |
|
elect members of the governing body of a municipality must be held |
|
under the applicable provisions of Chapter 22, 23, or 24, to the |
|
extent consistent with this section. An election for members of |
|
the governing body of an alternate form of government must be held |
|
under the law applicable to that form of government, to the extent |
|
consistent with this section. |
|
SECTION 10. Section 377.021(g), Local Government Code, is |
|
amended to read as follows: |
|
(g) In the order calling the election, the municipality may |
|
provide for the district boundaries to conform automatically to any |
|
changes in the boundaries of the portion of the municipality or the |
|
municipality's extraterritorial jurisdiction included in the |
|
district, and the election shall be held on a [one of the four] |
|
uniform election date [dates] under Section 41.001, Election Code. |
|
SECTION 11. Section 1012.051(b), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms, with |
|
three directors elected in even-numbered years and four directors |
|
elected in odd-numbered years; and |
|
(2) a director's election shall be held each year on a |
|
[the May] uniform election date prescribed by Section 41.001, |
|
Election Code. |
|
SECTION 12. Section 1015.301(c), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(c) The board shall order an election if the board receives |
|
a petition requesting an election that is signed by at least 10 |
|
percent of the registered voters in the district. The board shall |
|
order the election to be held on the first uniform election date |
|
that allows sufficient time to comply with any requirements of law |
|
[not later than the 60th day after the date the petition is
|
|
presented to the district]. |
|
SECTION 13. Section 1025.051, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1025.051. BOARD ELECTION; TERM. The district is |
|
governed by a board of seven directors elected at large by place for |
|
staggered three-year terms. A director's election shall be held |
|
each year on a [the May] uniform election date prescribed by Section |
|
41.001, Election Code. |
|
SECTION 14. Section 1035.051(c), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(c) An election shall be held each year on a [the May] |
|
uniform election date under Section 41.001, Election Code, to elect |
|
the appropriate number of directors. |
|
SECTION 15. Section 1048.051(b), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve two-year terms; |
|
(2) an election shall be held each year on a [the May] |
|
uniform election date under Section 41.001, Election Code; and |
|
(3) the terms of the directors elected to places one |
|
through four expire in odd-numbered years and the terms of the |
|
directors elected to places five through seven expire in |
|
even-numbered years. |
|
SECTION 16. Section 1049.051(c), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(c) An election shall be held each year on a [the May] |
|
uniform election day prescribed by Section 41.001, Election Code, |
|
to elect the appropriate number of directors. |
|
SECTION 17. Section 1050.051(d), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(d) An election shall be held each year on a [the May] |
|
uniform election date under Section 41.001, Election Code, to elect |
|
the appropriate number of at-large directors. |
|
SECTION 18. Section 1076.051(c), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(c) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) trustees serve two-year terms; |
|
(2) trustees who represent odd-numbered precincts and |
|
the trustee elected at large are elected in odd-numbered years; |
|
(3) trustees who represent even-numbered precincts |
|
are elected in even-numbered years; and |
|
(4) a trustee's election shall be held each year on a |
|
[the May] uniform election date prescribed by Section 41.001, |
|
Election Code[, or another date authorized by law]. |
|
SECTION 19. Section 1081.051(b), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; |
|
(2) an election shall be held annually on a [the May] |
|
uniform election date under Section 41.001, Election Code; and |
|
(3) the terms of four directors expire in odd-numbered |
|
years and the terms of three directors expire in even-numbered |
|
years. |
|
SECTION 20. Section 1083.051(b), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve staggered two-year terms; and |
|
(2) a directors' election shall be held each year on a |
|
[the May] uniform election date prescribed by Section 41.001, |
|
Election Code, to elect the appropriate number of directors. |
|
SECTION 21. Section 1091.301(c), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(c) The board shall order an election under this section if |
|
the board receives a petition requesting an election that is signed |
|
by at least 300 registered district voters according to the most |
|
recent official list of registered voters. The board shall order |
|
[call] the election to be held on the first uniform election date |
|
that allows sufficient time to comply with any requirements of law |
|
[not later than the 60th day after the date the petition is
|
|
presented to the district]. |
|
SECTION 22. Section 1098.051(c), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(c) A directors' election shall be held annually on a [the
|
|
May] uniform election date prescribed by Section 41.001, Election |
|
Code[, or another date authorized by law]. |
|
SECTION 23. Section 1101.051(c), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(c) An election shall be held in each even-numbered year on |
|
a [the May] uniform election date prescribed under Section 41.001, |
|
Election Code, [or another date authorized by law,] to elect the |
|
appropriate number of directors. |
|
SECTION 24. Section 1102.051(b), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(b) Unless four-year terms are established under Section |
|
285.081, Health and Safety Code: |
|
(1) directors serve two-year terms; and |
|
(2) an election shall be held annually on a [the May] |
|
uniform election date prescribed under Section 41.001, Election |
|
Code[, or another date authorized by law]. |
|
SECTION 25. Section 1104.301(c), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(c) If the board receives a petition requesting an election |
|
that is signed by at least 10 percent of the registered voters of |
|
the district, according to the most recent official list of |
|
registered voters, the board shall order an election to be |
|
held. The election shall be called on the first uniform election |
|
date that allows sufficient time to comply with any requirements of |
|
law [not later than the 60th day after the date the petition is
|
|
presented to the district]. |
|
SECTION 26. Section 3813.052(a), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(a) The board shall hold an election of directors for |
|
positions four and five in each even-numbered year on a [the] |
|
uniform election date [in February] established by Section 41.001, |
|
Election Code. |
|
SECTION 27. Section 3846.052, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 3846.052. ELECTION OF DIRECTORS. An election to elect |
|
the appropriate number of directors shall be held on the uniform |
|
election date [in May] of each even-numbered year as provided by |
|
Section 41.001(a), Election Code. |
|
SECTION 28. Section 8803.054, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8803.054. ELECTION DATE FOR DIRECTORS. The district |
|
shall hold an election to elect the appropriate number of directors |
|
on the uniform election date prescribed by Section 41.001, Election |
|
Code, in [May of] each even-numbered year. |
|
SECTION 29. Section 8805.052(a), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(a) Every second year, the board shall hold an election on a |
|
[the] uniform election date [in May] provided by Section 41.001, |
|
Election Code, to elect the appropriate number of directors. |
|
SECTION 30. Section 8808.053, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8808.053. ELECTION DATE. The district shall hold an |
|
election to elect the appropriate number of directors on a [the] |
|
uniform election date prescribed by Section 41.001, Election Code, |
|
in [May of] each even-numbered year. |
|
SECTION 31. Section 8822.053, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8822.053. ELECTION DATE. The district shall hold an |
|
election to elect the appropriate number of directors on a [the] |
|
uniform election date prescribed by Section 41.001, Election Code, |
|
in [May of] each even-numbered year. |
|
SECTION 32. Section 8844.104, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8844.104. ELECTION DATE. Each odd-numbered year, the |
|
board shall hold an election in the district on a [the] uniform |
|
election date [in May] to elect the appropriate number of |
|
directors. [Section 41.001(a)(2), Election Code, does not apply
|
|
to the district.] |
|
SECTION 33. Section 8850.053, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8850.053. ELECTION DATE. The district shall hold an |
|
election to elect the appropriate number of directors on a [the] |
|
uniform election date prescribed by Section 41.001, Election Code, |
|
in [May of] each even-numbered year. |
|
SECTION 34. Section 11010.005(h), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(h) If the governing body of the local government, before |
|
the proposed effective date of the order, receives a petition |
|
calling for an election on the question of authorizing the addition |
|
of the local government to the authority as a sponsor that is signed |
|
by at least 10 percent of the local government's registered voters, |
|
the governing body shall order a special election on the question. |
|
[Section 41.001(a), Election Code, does not apply to an election
|
|
ordered under this subsection.] |
|
SECTION 35. Section 451.071(f), Transportation Code, is |
|
amended to read as follows: |
|
(f) A referendum on a proposal to expand a system approved |
|
under this section shall [may] be held on any date specified in |
|
Section 41.001, Election Code, [or a date chosen by order of the
|
|
board of the authority,] provided that: |
|
(1) the referendum is held no earlier than the 62nd day |
|
after the date of the order; and |
|
(2) the proposed expansion involves the addition of |
|
not more than 12 miles of track to the system. |
|
SECTION 36. Section 49.103(b), Water Code, is amended to |
|
read as follows: |
|
(b) After [Unless a district holds its general election for
|
|
officers on a date as otherwise provided by statute, after] |
|
confirmation of a district, an election shall be held on the uniform |
|
election date, provided by Section 41.001, Election Code, [in May
|
|
of each even-numbered year] to elect the appropriate number of |
|
directors. |
|
SECTION 37. Section 56.804(a), Water Code, is amended to |
|
read as follows: |
|
(a) The election shall be held on a uniform election day [in
|
|
May]. |
|
SECTION 38. Section 63.089(a), Water Code, is amended to |
|
read as follows: |
|
(a) An election shall be held in the district on the uniform |
|
election date provided by Section 41.001(a), Election Code [first
|
|
Tuesday after the first Monday in November of each even numbered
|
|
year to elect the three commissioners. However, the commissioners
|
|
may, by adopting an order duly entered on the minutes, determine to
|
|
hold the election on the first Tuesday after the first Monday in
|
|
October of each even numbered year to elect the commissioners
|
|
authorized by law]. |
|
SECTION 39. Section 65.103(d), Water Code, is amended to |
|
read as follows: |
|
(d) [Notwithstanding Sections 41.001 and 41.003, Election
|
|
Code, the board may hold an election to elect directors on any date
|
|
determined by the board.] The terms of directors must be stated on |
|
the ballot. |
|
SECTION 40. (a) Section 60.032(c), Agriculture Code, is |
|
repealed. |
|
(b) The following provisions of the Election Code are |
|
repealed: |
|
(1) Section 41.001(d); |
|
(2) Section 41.0052(e); |
|
(3) Section 41.007(d); |
|
(4) Section 42.002(c); and |
|
(5) Section 85.001(e). |
|
(c) The following provisions of the Health and Safety Code |
|
are repealed: |
|
(1) Section 262.032(e); |
|
(2) Section 282.122(d); |
|
(3) Sections 286.023(g) and (h); |
|
(4) Section 286.101(f); and |
|
(5) Section 286.102(c). |
|
(d) Section 271.004(c), Local Government Code, is repealed. |
|
(e) The following provisions of the Special District Local |
|
Laws Code are repealed: |
|
(1) Section 21.055(b); |
|
(2) Section 1001.154(f); |
|
(3) Section 1001.201(c); |
|
(4) Sections 1001.251(b) and (c); |
|
(5) Section 1002.201(f); |
|
(6) Section 1004.151(f); |
|
(7) Section 1004.171(f); |
|
(8) Sections 1004.303(f) and (g); |
|
(9) Section 1008.151(f); |
|
(10) Section 1012.203(b); |
|
(11) Section 1012.301(e); |
|
(12) Section 1013.301(e); |
|
(13) Section 1015.301(e); |
|
(14) Section 1018.301(e); |
|
(15) Section 1020.351(d); |
|
(16) Sections 1023.301(c-1) and (e); |
|
(17) Section 1024.253(d); |
|
(18) Sections 1025.301(d) and (f); |
|
(19) Sections 1027.301(c-1) and (e); |
|
(20) Section 1030.301(d); |
|
(21) Section 1031.301(e); |
|
(22) Section 1032.301(e); |
|
(23) Section 1033.301(e); |
|
(24) Section 1034.253(d); |
|
(25) Section 1035.155(b); |
|
(26) Section 1036.401(e); |
|
(27) Section 1038.301(e); |
|
(28) Section 1039.118; |
|
(29) Sections 1043.301(c-1) and (e); |
|
(30) Section 1045.253(d); |
|
(31) Section 1046.007; |
|
(32) Section 1048.301(e); |
|
(33) Section 1050.301(e); |
|
(34) Section 1052.301(e); |
|
(35) Section 1056.301(e); |
|
(36) Section 1059.301(e); |
|
(37) Section 1062.301(e); |
|
(38) Section 1067.301(e); |
|
(39) Section 1068.253(f); |
|
(40) Section 1069.154(d); |
|
(41) Section 1072.021(e); |
|
(42) Section 1072.301(e); |
|
(43) Section 1073.301(e); |
|
(44) Section 1073.351(f); |
|
(45) Section 1076.301(e); |
|
(46) Sections 1081.301(d) and (f); |
|
(47) Section 1083.301(d); |
|
(48) Section 1084.301(e); |
|
(49) Section 1088.301(e); |
|
(50) Section 1091.301(e); |
|
(51) Sections 1094.151(b) and (d); |
|
(52) Section 1095.117; |
|
(53) Section 1098.301(e); |
|
(54) Section 1100.151(d); |
|
(55) Section 1100.351(d); |
|
(56) Section 1101.253(d); |
|
(57) Section 1101.254(g); |
|
(58) Section 1101.301(d); |
|
(59) Section 1102.301(f); |
|
(60) Section 1104.253(d); |
|
(61) Section 1104.301(e); |
|
(62) Section 1108.203(d); |
|
(63) Section 1109.301(e); |
|
(64) Section 1115.116; |
|
(65) Section 1116.253(h); |
|
(66) Section 1116.304(b); |
|
(67) Section 1116.351(g); |
|
(68) Section 1120.021(d); |
|
(69) Section 1120.301(e); |
|
(70) Section 1121.021(d); |
|
(71) Section 1121.301(e); |
|
(72) Section 1122.021(d); |
|
(73) Section 1122.2521(e); |
|
(74) Section 1122.301(e); |
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(75) Section 3818.107; |
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(76) Section 6606.102(b); |
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(77) Section 6607.102(b); |
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(78) Section 8112.023(b); |
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(79) Section 8113.023(b); |
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(80) Section 8114.023(b); |
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(81) Section 8115.023(b); |
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(82) Section 8116.023(b); |
|
(83) Section 8117.023(b); |
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(84) Section 8118.023(b); |
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(85) Section 8119.023(b); |
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(86) Section 8120.023(b); |
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(87) Section 8132.023(c); |
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(88) Section 8185.023(b); |
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(89) Section 8200.002; |
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(90) Section 8201.002; |
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(91) Section 8202.002; |
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(92) Section 8368.004; |
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(93) Section 8852.023(b); and |
|
(94) Section 8870.006(c). |
|
(f) The following provisions of the Transportation Code are |
|
repealed: |
|
(1) Section 54.004(c); and |
|
(2) Section 441.030(b). |
|
(g) The following provisions of the Water Code are repealed: |
|
(1) Section 51A.007; |
|
(2) Section 62.1071(g); and |
|
(3) Section 63.089(b). |
|
(h) Section 8.01(f), Chapter 670, Acts of the 72nd |
|
Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's |
|
Texas Civil Statutes), is repealed. |
|
SECTION 41. This Act applies only to an election ordered on |
|
or after the effective date of this Act. An election ordered before |
|
the effective date of this Act is governed by the law as it existed |
|
immediately before the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
SECTION 42. This Act takes effect September 1, 2019. |