88R28727 MPF-D
 
  By: Bhojani, Manuel, Capriglione, Bucy, H.B. No. 4621
      DeAyala
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority to cancel certain elections on a measure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 2.081, Election Code, is
  amended to read as follows:
         Sec. 2.081.  CANCELLATION OF [MOOT] MEASURE.
         SECTION 2.  Section 2.081, Election Code, is amended by
  adding Subsections (a-1) and (a-2) and amending Subsections (b) and
  (c) to read as follows:
         (a-1)  Not later than the 74th day before election day, the
  authority that ordered an election on a measure may cancel the
  election on the measure if not earlier than the 90th day before the
  election on the measure, the governor issues a disaster declaration
  under Chapter 418, Government Code, covering an area within the
  authority's jurisdiction.
         (a-2)  If an election on a measure required following the
  submission of a petition signed by a number of registered voters is
  canceled under Subsection (a-1), the authority that ordered the
  election shall order a new election on the measure for the first
  available uniform election day after the canceled election.
         (b)  If an election on a measure is canceled or the measure is
  removed from the ballot [declared moot] under this section [and is
  removed from the ballot], the authority holding the election shall
  post notice of the cancellation or removal [declaration] during
  early voting by personal appearance and on election day, at each
  polling place that would have been used for the election on the
  measure.
         (c)  A county election officer, as defined by Section 31.091,
  may use a single combined notice of cancellation under Subsection
  (b) for all authorities:
               (1)  for which the officer provides election services
  under contract; and
               (2)  that cancel an election on a measure or remove a
  measure from the ballot [declare an election moot] under Subsection
  (a) or (a-1).
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.