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