| |
| |
| |
|
|
AN ACT
|
|
|
relating to the authority to cancel certain elections on a measure |
|
|
to authorize the issuance of bonds. |
|
|
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 to authorize the |
|
|
issuance of bonds may cancel the election on the measure if: |
|
|
(1) not earlier than the 90th day before the date of |
|
|
the election on the measure, the governor issues a disaster |
|
|
declaration under Chapter 418, Government Code, regarding a natural |
|
|
disaster or other disaster threatening the health, safety, or |
|
|
general welfare of the authority's residents; and |
|
|
(2) 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: |
|
|
(A) due to damage to the authority's election |
|
|
system; |
|
|
(B) to avoid harm to the authority's election |
|
|
workers; or |
|
|
(C) to avoid harm to voters within the |
|
|
authority's jurisdiction. |
|
|
(a-2) The governing body of an authority may 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). To the extent |
|
|
practicable under the circumstances, the governing body shall |
|
|
provide reasonable public notice of the meeting and allow members |
|
|
of the public and the press to observe the meeting. |
|
|
(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, 2025. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2253 was passed by the House on May |
|
|
14, 2025, by the following vote: Yeas 123, Nays 17, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2253 was passed by the Senate on May |
|
|
26, 2025, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |