BILL ANALYSIS

 

 

Senate Research Center

H.B. 1434

88R108 MP-D

By: Buckley (Flores)

 

Local Government

 

5/15/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

When the governing body of a Type A general-law municipality does not currently have staggered terms for an aldermen, that governing body does not have the authority to opt to stagger terms. Having an entire governing body up for election at one time leads to a possibility of complete turnover in one election and instability of the municipality.

 

H.B. 1434 seeks to provide the governing body of a Type A general-law municipality the authority to vote to stagger terms.  H.B. 1434 amends the Local Government Code to authorize the governing body of a Type A general-law municipality whose aldermen are not serving staggered terms of office to provide by majority vote for the staggering of terms by requiring the drawing of lots by the aldermen.

 

H.B. 1434 amends current law relating to the staggering of terms of aldermen of the governing body of a Type A general-law municipality.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 22.034, Local Government Code, by adding Subsection (d), as follows:

 

(d) Authorizes the governing body by majority vote, if the aldermen of the governing body of a municipality� are not serving staggered terms of office as provided by Subsection (c) (relating to authorizing the governing body by ordinance, if the municipality is not divided into wards, to determine the number and the manner of deciding which aldermen elected at the initial election for officers serve for one year and which serve for two years), to establish staggered terms by requiring the aldermen to draw lots.

 

SECTION 2. Effective date: upon passage or September 1, 2023.