81R10524 NC-D
By: Coleman H.B. No. 3006
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain municipalities to impose term
limits on the members of their governing bodies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 26, Local Government
Code, is amended by adding Section 26.048 to read as follows:
Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES.
(a) This section applies only to a municipality with a population
of 1.8 million or more.
(b) In this section:
(1) "Governing body of a municipality" includes the
mayor of the municipality.
(2) "Municipal term limit" means a provision in a
municipal charter or ordinance that imposes a limit on the number of
terms or otherwise restricts the length of service a member of the
governing body of a municipality may serve on the governing body.
(c) The governing body of the municipality shall decide
whether an election held under this section will authorize term
limits for members of the governing body of the municipality
consisting of a maximum of:
(1) three four-year terms; or
(2) six two-year terms.
(d) The mayor of a municipality shall order an election in
the municipality on the first November uniform election date that
occurs in an even-numbered year after this section becomes
applicable to the municipality on the question of imposing term
limits on the members of the governing body of the municipality.
(e) The ballot at the election must be printed to permit
voting for or against the proposition: "Authorizing term limits
consisting of (insert number of terms and length of terms) on a
person's service on the governing body of the City of (insert name
of municipality)."
(f) If a majority of the votes received at the election
favor the proposition, the number and length of terms a person may
serve on the governing body is limited as provided in the
proposition. The municipality shall adjust the length of the terms
of the members of the governing body as necessary to comply with the
proposition.
(g) If less than a majority of the votes received at the
election favor the proposition, municipal term limits and the
length of the terms of the members of the governing body that
existed before the election are not affected.
(h) In applying a term limit authorized by this section:
(1) a term to which a member of the governing body was
elected or appointed before the election held under Subsection (d)
is counted only if the member served one-half or more of the term;
and
(2) a partial term to which a member of the governing
body is elected or appointed on or after the date of the election
held under Subsection (d) is counted only if the member serves
one-half or more of the term.
(i) This section expires January 1, 2011.
SECTION 2. This Act takes effect September 1, 2009.