Texas 2013 - 83rd Regular

Texas House Bill HB3794 Compare Versions

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1	1	83R7675 NC-D
2	2	By: Coleman H.B. No. 3794
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain municipalities to impose term
8	8	limits on the members of their governing bodies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 26, Local Government
11	11	Code, is amended by adding Section 26.048 to read as follows:
12	12	Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES. (a)
13	13	This section applies only to a municipality with a population of 1.8
14	14	million or more.
15	15	(b) In this section:
16	16	(1) "Governing body of a municipality" includes the
17	17	presiding officer of the municipality.
18	18	(2) "Municipal term limit" means a provision in a
19	19	municipal charter or ordinance that imposes a limit on the number of
20	20	terms or otherwise restricts the length of service a member of the
21	21	governing body of a municipality may serve on the governing body.
22	22	(c) The governing body of the municipality shall decide
23	23	whether an election held under this section will authorize term
24	24	limits for members of the governing body of the municipality
25	25	consisting of a maximum of:
26	26	(1) three four-year terms; or
27	27	(2) six two-year terms.
28	28	(d) The presiding officer of a municipality shall order an
29	29	election in the municipality on the first uniform election date in
30	30	November that occurs in an even-numbered year after this section
31	31	becomes applicable to the municipality on the question of imposing
32	32	term limits on the members of the governing body of the
33	33	municipality.
34	34	(e) The ballot at the election must be printed to permit
35	35	voting for or against the proposition: "Authorizing term limits
36	36	consisting of (insert number of terms and length of terms) on a
37	37	person's service on the governing body of the City of (insert name
38	38	of municipality)."
39	39	(f) If a majority of the votes received at the election
40	40	favor the proposition, the number and length of terms a person may
41	41	serve on the governing body is limited as provided in the
42	42	proposition. The municipality shall adjust the length of the terms
43	43	of the members of the governing body as necessary to comply with the
44	44	proposition.
45	45	(g) If less than a majority of the votes received at the
46	46	election favor the proposition, municipal term limits and the
47	47	length of the terms of the members of the governing body that
48	48	existed before the election are not affected.
49	49	(h) In applying a term limit authorized by this section:
50	50	(1) a term to which a member of the governing body was
51	51	elected or appointed before the election held under Subsection (d)
52	52	is counted only if the member served one-half or more of the term;
53	53	and
54	54	(2) a partial term to which a member of the governing
55	55	body is elected or appointed on or after the date of the election
56	56	held under Subsection (d) is counted only if the member serves
57	57	one-half or more of the term.
58	58	(i) This section expires January 1, 2015.
59	59	SECTION 2. This Act takes effect September 1, 2013.