BILL ANALYSIS

 

 

Senate Research Center

H.B. 2253

89R2644 MPF-D

By: Bhojani et al. (Paxton)

 

State Affairs

 

5/20/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 2253 amends current law relating to the authority to cancel certain elections on a measure to authorize the issuance of bonds.

 

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 the heading to Section 2.081, Election Code, to read as follows:

 

Sec. 2.081.� CANCELLATION OF MEASURE.

 

SECTION 2. Amends Section 2.081, Election Code, by adding Subsections (a-1) and (a-2) and amending Subsections (b) and (c), as follows:

 

(a-1) Authorizes the authority that ordered an election on a measure to authorize the issuance of bonds, not later than the 74th day before election day, to cancel the election on the measure if, not earlier than the 90th day before the date of the election on the measure, the governor issues a disaster declaration under Chapter 418 (Emergency Management), Government Code, regarding a natural disaster or other disaster threatening the health, safety, or general welfare of the authority's residents and the governing body of the authority, after holding an open meeting under Subsection (a-2), determines by majority vote that canceling the election on the measure is necessary due to damage to the authority's election system, to avoid harm to the authority's election workers, or to avoid harm to voters within the authority's jurisdiction.

 

(a-2) Authorizes the governing body of an authority to hold an open meeting solely to deliberate whether to cancel an election on a measure to authorize the issuance of bonds due to the issuance of a disaster declaration described by Subsection (a-1). Requires the governing body, to the extent practicable under the circumstances, to provide reasonable public notice of the meeting and allow members of the public and the press to observe the meeting.

 

(b) Requires the authority holding the election, if an election on a measure is canceled or the measure is removed from the ballot under this section, rather than if an election is declared moot under this section and is removed from the ballot, to post notice of the cancellation or removal, rather than the 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) Authorizes a county election officer, as defined by Section 31.091 (Definitions), to use a single combined notice of cancellation under Subsection (b) for all authorities for which the officer provides election services under contract and that cancel an election on a measure or remove a measure from the ballot, rather than to declare an election moot, under Subsection (a) (relating to authorizing a certain authority to declare a measure authorized by the voters moot) or (a-1).

 

SECTION 3. Effective date: upon passage or September 1, 2025.