89R14168 AB-D

By: Schatzline H.B. No. 4199

A BILL TO BE ENTITLED

AN ACT

relating to requiring the partisan elections of officers for each political subdivision of this state in even-numbered years.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.055, Education Code, is amended by adding Subsection (c) to read as follows:

(c) An application filed under this section must state the political party with which the candidate is aligned or, if the candidate is not aligned with a party, state that fact.

SECTION 2. Section 11.0581(a), Education Code, is amended to read as follows:

(a) An election for trustees of an independent school district shall be held on the same date as the general election for state and county officers[:

[(1) the election for the members of the governing body of a municipality located in the school district;

[(2) the general election for state and county officers;

[(3) the election for the members of the governing body of a hospital district, if the school district:

[(A) is wholly or partly located in a county with a population of less than 50,000 that is adjacent to a county with a population of more than three million; and

[(B) held its election for trustees jointly with the election for the members of the governing body of the hospital district before May 2007; or

[(4) the election for the members of the governing board of a public junior college district in which the school district is wholly or partly located].

SECTION 3. Sections 11.059(a), (b), (c), and (d), Education Code, are amended to read as follows:

(a) A trustee of an independent school district serves a term of [three or] four years.

(b) [Elections for trustees with three-year terms shall be held annually. The terms of one-third of the trustees, or as near to one-third as possible, expire each year.

[(c)] Elections for trustees [with four-year terms] shall be held biennially. The terms of one-half of the trustees, or as near to one-half as possible, expire every two years.

(c) [(d)] A board policy must state the schedule on which specific terms expire.

SECTION 4. Section 11.065(a), Education Code, is amended to read as follows:

(a) Sections 11.052(g) and (h) [and Sections 11.059(a) and (b)] do not apply to the board of trustees of a school district if:

(1) the district's central administrative office is located in a county with a population of more than 2.5 million; and

(2) the district's student enrollment is more than 125,000 and less than 200,000.

SECTION 5. Section 1.005(7), Election Code, is amended to read as follows:

(7) "General election for state and county officers" means the general election at which officers of the federal, state, and county governments, and the officers of each political subdivision, are elected.

SECTION 6. Section 41.005(b), Election Code, is amended to read as follows:

(b) If a law outside this code requires the general election for officers of a political subdivision to be held on a date other than the date of the general election for state and county officers [a uniform election date], the governing body of the political subdivision shall set the election date to comply with this subchapter.

SECTION 7. Section 41.0052(a), Election Code, is amended to read as follows:

(a) The governing body of a political subdivision[, other than a county or municipal utility district,] that holds its general election for officers on a date other than the [November uniform election] date of the general election for state and county officers shall [may], not later than December 31, 2025 [2016], change the date on which it holds its general election for officers to that [the November uniform election] date.

SECTION 8. Chapter 143, Election Code, is amended by adding Section 143.0011 to read as follows:

Sec. 143.0011. PARTISAN CANDIDACY REQUIRED. (a) A candidate must declare a party affiliation to run for a city office.

(b) A candidate's party affiliation must appear on the ballot next to the candidate's name. The candidate's party affiliation must be with a political party that has held a primary election or nominating convention in this state within the five years immediately preceding the date on which the election for which the candidate is applying for a place on the ballot is to be held.

SECTION 9. The heading to Section 143.003, Election Code, is amended to read as follows:

Sec. 143.003. PARTISAN NOMINATION [CANDIDACY] FOR HOME-RULE CITY OFFICE AUTHORIZED.

SECTION 10. Section 143.004, Election Code, is amended by adding Subsection (c) to read as follows:

(c) An application must state the political party with which the candidate is aligned or, if the candidate is not aligned with a political party with which the candidate may affiliate under Section 143.0011(b), state that fact.

SECTION 11. Chapter 144, Election Code, is amended by adding Section 144.0021 to read as follows:

Sec. 144.0021. PARTISAN CANDIDACY REQUIRED. A candidate must declare a party affiliation to run for office. A candidate's party affiliation must appear on the ballot next to the candidate's name. The candidate's party affiliation must be with a political party that has held a primary election or nominating convention in this state within the five years immediately preceding the date on which the election for which the candidate is applying for a place on the ballot is to be held.

SECTION 12. Section 172.001, Election Code, is amended to read as follows:

Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. A [Except as otherwise provided by this code, a] political party's nominees in the general election for offices of state and county government, [and] the United States Congress, and any political subdivision must be nominated by primary election, held as provided by this code, if the party's nominee for governor in the most recent gubernatorial general election received 20 percent or more of the total number of votes received by all candidates for governor in the election.

SECTION 13. Section 172.002(a), Election Code, is amended to read as follows:

(a) A [Except as otherwise provided by this code, a] political party's nominees in the general election for offices of state and county government, [and] the United States Congress, and any political subdivision may be nominated by primary election, held as provided by this code, if the party's nominee for governor in the most recent gubernatorial general election received at least two percent but less than 20 percent of the total number of votes received by all candidates for governor in the election.

SECTION 14. Section 172.024(a), Election Code, is amended to read as follows:

(a) The filing fee for a candidate for nomination in the general primary election is as follows:

(1) United States senator$5,000

(2) office elected statewide, except United States senator3,750

(3) United States representative3,125

(4) state senator1,250

(5) state representative750

(6) member, State Board of Education300

(7) chief justice or justice, court of appeals, other than a justice specified by Subdivision (8)1,875

(8) chief justice or justice of a court of appeals that serves a court of appeals district in which a county with a population of more than 1.2 million is wholly or partly situated2,500

(9) district judge or judge specified by Section 52.092(d) for which this schedule does not otherwise prescribe a fee1,500

(10) district or criminal district judge of a court in a judicial district wholly contained in a county with a population of more than 1.5 million2,500

(11) judge, statutory county court, other than a judge specified by Subdivision (12)1,500

(12) judge of a statutory county court in a county with a population of more than 1.5 million2,500

(13) district attorney, criminal district attorney, or county attorney performing the duties of a district attorney1,250

(14) county commissioner, district clerk, county clerk, sheriff, county tax assessor-collector, county treasurer, or judge, constitutional county court:

(A) county with a population of 200,000 or more1,250

(B) county with a population of under 200,000750

(15) justice of the peace or constable:

(A) county with a population of 200,000 or more1,000

(B) county with a population of under 200,000375

(16) county surveyor75

(17) office of the county government for which this schedule does not otherwise prescribe a fee750

(18) office of a political subdivision other than a county for which this schedule does not otherwise prescribe a fee0

SECTION 15. Section 181.032(a), Election Code, is amended to read as follows:

(a) An application for nomination by a convention must be filed with:

(1) the state chair, for a statewide, [or] district, or political subdivision office; or

(2) the county chair, for a county or precinct office.

SECTION 16. Sections 181.061(b) and (c), Election Code, are amended to read as follows:

(b) A party nominating by convention must make its nominations for offices of districts and political subdivisions situated in more than one county at district conventions held on the second Saturday after the second Tuesday in March. A district convention consists of delegates selected at the county conventions held under Subsection (c).

(c) A party nominating by convention must make its nominations for county and precinct offices and for offices of districts and political subdivisions not situated in more than one county at county conventions held on the first Saturday after the second Tuesday in March. A county convention consists of delegates selected at precinct conventions held on the second Tuesday in March in the regular county election precincts.

SECTION 17. Section 22.003, Local Government Code, is amended to read as follows:

Sec. 22.003. DATE OF MUNICIPAL ELECTION. An election for officers of the municipality shall be held [annually, except as otherwise provided by law, in each ward of the municipality on an authorized uniform election date] as provided by Chapter 41, Election Code.

SECTION 18. The heading to Section 23.023, Local Government Code, is amended to read as follows:

Sec. 23.023. REGULAR [ANNUAL] ELECTION.

SECTION 19. Section 23.023(a), Local Government Code, is amended to read as follows:

(a) After the initial election, the election for the mayor, aldermen, and marshal shall be held [annually, except as otherwise provided by law, on an authorized uniform election date] as provided by Chapter 41, Election Code.

SECTION 20. Section 24.023(c), Local Government Code, is amended to read as follows:

(c) The first regular election must be on an authorized uniform election date occurring:

(1) in the case of a community incorporating as a Type C general-law municipality, within two years [one year] after the expiration of the month in which the incorporation election is held; or

(2) in the case of a municipality changing to a Type C general-law municipality, within two years [one year] after the month in which the election on the change is held.

SECTION 21. The following provisions are repealed:

(1) Sections 11.054, 11.059(e), (f), and (g), and 11.065(c), Education Code;

(2) Section 41.0052(a-1), Election Code, as added by Chapter 985 (S.B. 2620), Acts of the 88th Legislature, Regular Session, 2023;

(3) Section 41.0052(a-1), Election Code, as added by Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular Session, 2023;

(4) Sections 41.0052(e), 52.066, 52.070(e), 143.002, and 144.002, Election Code;

(5) Section 24.023(d), Local Government Code; and

(6) Section 441.073(a), Transportation Code.

SECTION 22. The change in law made by this Act applies only to an election ordered on or after the effective date of this Act.

SECTION 23. Except as otherwise provided by this Act, this Act takes effect January 1, 2026.

SECTION 24. Notwithstanding any other provision of this Act, this Act takes effect only if the constitutional amendment proposed by the 89th Legislature, Regular Session, 2025, requiring each political subdivision of this state to hold its general election for officers on the date of the general election for state and county officers is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.