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A BILL TO BE ENTITLED
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AN ACT
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relating to the date on which a city may hold a general election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 41, Election Code, is |
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amended by adding Section 41.0025 to read as follows: |
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Sec. 41.0025. GENERAL ELECTION FOR CITY. Notwithstanding |
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any other law, the governing body of a city shall hold a general |
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election of the city on the November uniform election date in an |
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even-numbered year. |
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SECTION 2. Section 41.005(a), Election Code, is amended to |
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read as follows: |
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(a) This section does not apply to a general election of a |
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city or for county officers. |
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SECTION 3. Section 41.0052, Election Code, is amended by |
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adding Subsection (a-1) and amending Subsections (c) and (d) to |
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read as follows: |
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(a-1) The governing body of a city that holds a general |
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election on a date other than the date of the general election for |
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state and county officers shall, not later than November 1, 2022, |
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hold its general election in conjunction with the general election |
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for state and county officers. |
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(c) A home-rule city may implement the change required |
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[authorized] by Subsection (a-1) [(a)] or provide for the election |
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of all members of the governing body at the same election through |
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the adoption of a resolution. The change contained in the |
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resolution supersedes a city charter provision that requires a |
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different general election date or that requires the terms of |
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members of the governing body to be staggered. |
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(d) The holdover of a member of a governing body of a city in |
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accordance with Section 17, Article XVI, Texas Constitution, so |
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that a term of office conforms [may be conformed] to a new election |
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date [chosen] under this section does not constitute a vacancy for |
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purposes of Section 11(b), Article XI, Texas Constitution. |
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SECTION 4. Section 21.005, Local Government Code, is |
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amended to read as follows: |
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Sec. 21.005. [CHOICE OF] UNIFORM ELECTION DATE FOR NEWLY |
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INCORPORATED MUNICIPALITY. Not later than the first anniversary of |
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the date of its incorporation, a newly incorporated municipality |
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shall set its [select a] uniform election date in accordance with |
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[under] Section 41.0025 [41.001], Election Code, to use for the |
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general election of the members of the municipality's governing |
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body. |
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SECTION 5. Section 22.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 22.003. DATE OF MUNICIPAL ELECTION. An election for |
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officers of the municipality shall be held biennially [annually, |
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except as otherwise provided by law,] in each ward of the |
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municipality in accordance with Section 41.0025 [on an authorized |
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uniform election date as provided by Chapter 41], Election Code. |
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SECTION 6. Section 23.023(a), Local Government Code, is |
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amended to read as follows: |
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(a) After the initial election, the election for the mayor, |
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aldermen, and marshal shall be held biennially, in accordance with |
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Section 41.0025 [annually, except as otherwise provided by law, on |
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an authorized uniform election date as provided by Chapter 41], |
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Election Code. |
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SECTION 7. Section 23.025, Local Government Code, is |
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amended to read as follows: |
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Sec. 23.025. INITIAL TERM OF OFFICE. The mayor, aldermen, |
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and marshal elected at the initial election under Section 23.021 |
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hold office until their successors have been duly elected at the |
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following [annual] municipal election and have qualified. |
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SECTION 8. Section 23.026, Local Government Code, is |
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amended to read as follows: |
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Sec. 23.026. REGULAR TERM OF OFFICE. [(a)] The mayor, |
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aldermen, and marshal of the municipality are elected for a term of |
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two years [one year] unless a longer term is established under |
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[Subsection (b) or under Article XI,] Section 11, Article XI, [of |
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the] Texas Constitution. |
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[(b) In lieu of one-year terms of office, the governing body |
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may provide by ordinance for two-year staggered terms of office for |
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the mayor and aldermen. If the governing body adopts the ordinance, |
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the mayor and two aldermen serve for a term of two years. The two |
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aldermen who serve two-year terms are determined by drawing lots at |
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the first meeting of the governing body following the annual |
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municipal election held after the ordinance is adopted. The |
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remaining aldermen hold office for an initial term of one year. |
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Thereafter, all members of the governing body serve for a term of |
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two years.] |
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SECTION 9. Section 24.023(c), Local Government Code, is |
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amended to read as follows: |
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(c) The first regular election must be on an authorized |
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uniform election date occurring: |
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(1) in the case of a community incorporating as a Type |
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C general-law municipality, within two years [one year] after the |
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expiration of the month in which the incorporation election is |
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held; or |
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(2) in the case of a municipality changing to a Type C |
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general-law municipality, within two years [one year] after the |
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month in which the election on the change is held. |
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SECTION 10. Sections 22.034(b) and (c), Local Government |
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Code, are repealed. |
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SECTION 11. The changes in law made by this Act apply only |
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to an election ordered on or after the effective date of this Act. |
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An election ordered before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 12. This Act takes effect September 1, 2021. |