Texas 2009 - 81st Regular

Texas House Bill HB3006 Compare Versions

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1	1	By: Coleman, Alvarado H.B. No. 3006
2	2	COMMITTEE SUBSTITUTE FOR H.B. No. 3006By: Gallegos By: Gallegos
3	3	(In the Senate - Received from the House May 5, 2009;
4	4	May 6, 2009, read first time and referred to Committee on
5	5	Intergovernmental Relations; May 23, 2009, reported adversely,
6	6	with favorable Committee Substitute by the following vote:
7	7	Yeas 5, Nays 0; May 23, 2009, sent to printer.)
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the authority of certain municipalities to impose term
13	13	limits on municipal controllers and on the members of the
14	14	municipalities' governing bodies.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subchapter C, Chapter 26, Local Government Code,
17	17	is amended by adding Section 26.048 to read as follows:
18	18	Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES.
19	19	(a) This section applies only to a municipality with a population
20	20	of 1.8 million or more.
21	21	(b) In this section:
22	22	(1) "Controller" means the elected chief financial
23	23	officer of a municipality.
24	24	(2) "Governing body of a municipality" includes the
25	25	mayor of the municipality.
26	26	(3) "Municipal term limit" means a provision in a
27	27	municipal charter or ordinance that imposes a limit on the number of
28	28	terms or otherwise restricts the length of service of an elected
29	29	official of a municipality.
30	30	(c) The governing body of the municipality shall decide
31	31	whether an election held under this section will authorize term
32	32	limits for the controller and members of the governing body of the
33	33	municipality consisting of a maximum of:
34	34	(1) four two-year terms.
35	35	(d) The mayor of a municipality shall order an election in
36	36	the municipality on the first November uniform election date that
37	37	occurs in an even-numbered year after this section becomes
38	38	applicable to the municipality on the question of imposing term
39	39	limits on the controller and members of the governing body of the
40	40	municipality.
41	41	(e) The ballot at the election must be printed to permit
42	42	voting for or against the proposition: "Authorizing term limits
43	43	consisting of (insert number of terms and length of terms) on a
44	44	person's service as the controller and on the governing body of the
45	45	City of (insert name of municipality)."
46	46	(f) If a majority of the votes received at the election
47	47	favor the proposition, the number and length of terms a person may
48	48	serve as the controller or on the governing body is limited as
49	49	provided in the proposition. The municipality shall adjust the
50	50	length of the terms of the controller and members of the governing
51	51	body as necessary to comply with the proposition.
52	52	(g) If less than a majority of the votes received at the
53	53	election favor the proposition, municipal term limits and the
54	54	length of the terms of the controller and members of the governing
55	55	body that existed before the election are not affected.
56	56	(h) In applying a term limit authorized by this section:
57	57	(1) a term to which a controller or member of the
58	58	governing body was elected or appointed before the election held
59	59	under Subsection (d) is counted only if the controller or member
60	60	served one-half or more of the term; and
61	61	(2) a partial term to which a controller or member of
62	62	the governing body is elected or appointed on or after the date of
63	63	the election held under Subsection (d) is counted only if the
64	64	controller or member serves one-half or more of the term.
65	65	(i) This section expires January 1, 2011.
66	66	SECTION 2. This Act takes effect September 1, 2009.
67	67	* * * * *