By: Munoz, Jr. (Senate Sponsor - Hinojosa) H.B. No. 1372
(In the Senate - Received from the House May 2, 2013;
May 3, 2013, read first time and referred to Committee on
Intergovernmental Relations; May 16, 2013, reported favorably by
the following vote: Yeas 4, Nays 0; May 16, 2013, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to filling certain vacancies on the governing body of
certain home-rule municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.045, Local Government Code, is
amended to read as follows:
Sec. 26.045. FILLING VACANCY ON GOVERNING BODY OF
MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE. (a) Except as
provided by Subsection (b), if [If] a vacancy occurs on the
governing body of a municipality with a population of 1.5 million or
more and more than 270 days remain before the date of the next
general election of members of the governing body, the governing
body shall order a special election in the district in which the
vacancy occurred, or in the entire municipality if the vacancy
occurred in an at-large position, to fill the vacancy. The special
election shall be held on an authorized uniform election date
prescribed by the Election Code that occurs before the general
election and that allows enough time to hold the election in the
manner required by law and shall be conducted in the same manner as
the municipality's general election except as provided by
provisions of the Election Code applicable to special elections to
fill vacancies.
(b) This section does not apply to a municipality that has
provided by charter or charter amendment a different procedure to
fill a vacancy on its governing body for which the unexpired term is
12 months or less.
SECTION 2. This Act takes effect on the date on which the
constitutional amendment proposed by the 83rd Legislature, Regular
Session, 2013, authorizing a home-rule municipality to provide in
its charter the procedure to fill a vacancy on its governing body
for which the unexpired term is 12 months or less is approved by the
voters. If that amendment is not approved by the voters, this Act
has no effect.
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