Texas House Bill HB1372

Texas 2013 - 83rd Regular

Caption

Relating to filling certain vacancies on the governing body of certain home-rule municipalities.

Impact

A significant aspect of HB1372 is its alignment with a constitutional amendment proposed by the 83rd Legislature. It allows home-rule municipalities to outline procedures in their charters for filling vacancies with unexpired terms of 12 months or less. The bill emphasizes the need for procedural uniformity and responsiveness to changes within the governing bodies, ensuring swift replacement of officials to maintain operational continuity in government.

Summary

House Bill 1372 seeks to amend the Local Government Code regarding the filling of vacancies on the governing bodies of certain home-rule municipalities, specifically those with populations of 1.5 million or more. The proposed amendment stipulates that if a vacancy occurs and there are more than 270 days before the next general election, a special election must be held to address the vacancy. This special election can occur either in the district where the vacancy arises or throughout the entire municipality if the position is at-large.

Contention

While the bill received widespread support, passing with 141 votes in favor and only 4 against, there are underlying implications of such legislation. Critics of the bill may view it as reducing local flexibility, as municipalities that wish to adopt a different procedure for filling vacancies (for terms of 12 months or less) would need to amend their charters. The necessity for a special election, as stipulated within the bill, could lead to increased costs and logistical challenges for municipalities facing vacancies.