1 | 1 | | By: Garza (Senate Sponsor - Uresti) H.B. No. 2144 |
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2 | 2 | | (In the Senate - Received from the House April 27, 2011; |
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3 | 3 | | May 3, 2011, read first time and referred to Committee on State |
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4 | 4 | | Affairs; May 9, 2011, reported favorably by the following vote: |
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5 | 5 | | Yeas 9, Nays 0; May 9, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the use of uniform election dates by newly incorporated |
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11 | 11 | | municipalities. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 41.001(b), Election Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (b) Subsection (a) does not apply to: |
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16 | 16 | | (1) a runoff election; |
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17 | 17 | | (2) an election to resolve a tie vote; |
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18 | 18 | | (3) an election held under an order of a court or other |
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19 | 19 | | tribunal; |
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20 | 20 | | (4) an emergency election ordered under Section |
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21 | 21 | | 41.0011; |
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22 | 22 | | (5) an expedited election to fill a vacancy in the |
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23 | 23 | | legislature held under Section 203.013; [or] |
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24 | 24 | | (6) an election held under a statute that expressly |
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25 | 25 | | provides that the requirement of Subsection (a) does not apply to |
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26 | 26 | | the election; or |
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27 | 27 | | (7) the initial election of the members of the |
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28 | 28 | | governing body of a newly incorporated city. |
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29 | 29 | | SECTION 2. Section 41.0052, Election Code, is amended by |
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30 | 30 | | adding Subsections (c) and (d) to read as follows: |
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31 | 31 | | (c) The governing body of a newly incorporated city may, not |
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32 | 32 | | later than the second anniversary of the date of incorporation, |
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33 | 33 | | change the date on which it holds its general election for officers |
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34 | 34 | | to another authorized uniform election date. |
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35 | 35 | | (d) Not later than September 1, 2012, the governing body of |
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36 | 36 | | a city that was newly incorporated between January 1, 2007, and |
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37 | 37 | | September 1, 2011, may change the date on which it holds its general |
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38 | 38 | | election for officers to another authorized uniform election date. |
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39 | 39 | | This subsection expires September 1, 2013. |
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40 | 40 | | SECTION 3. Subchapter A, Chapter 21, Local Government Code, |
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41 | 41 | | is amended by adding Section 21.005 to read as follows: |
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42 | 42 | | Sec. 21.005. CHOICE OF UNIFORM ELECTION DATE FOR NEWLY |
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43 | 43 | | INCORPORATED MUNICIPALITY. Not later than the first anniversary of |
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44 | 44 | | the date of its incorporation, a newly incorporated municipality |
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45 | 45 | | shall select a uniform election date under Section 41.001, Election |
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46 | 46 | | Code, to use for the general election of the members of the |
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47 | 47 | | municipality's governing body. |
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48 | 48 | | SECTION 4. This Act takes effect September 1, 2011. |
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49 | 49 | | * * * * * |
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