84R22796 NC-D
By: Alvarado H.B. No. 2917
Substitute the following for H.B. No. 2917:
By: Bernal C.S.H.B. No. 2917
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain municipalities to impose term
limits on certain elected officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 26, Local Government
Code, is amended by adding Section 26.048 to read as follows:
Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES. (a)
This section applies only to a municipality with a population of 1.8
million or more.
(b) In this section:
(1) "Governing body of a municipality" means the mayor
and the council members of the municipality.
(2) "Municipal term limit" means a provision in a
municipal charter or ordinance that imposes a limit on the number of
terms or otherwise restricts the length of service a member of the
governing body of a municipality may serve on the governing body or
an elected controller of the municipality may serve as a
controller.
(c) The governing body of a municipality shall order an
election in the municipality on the question of imposing term
limits of a maximum of two four-year terms on the members of the
governing body of the municipality and the controller of the
municipality.
(d) The ballot at the election must be printed to permit
voting for or against the proposition: "Authorizing term limits
consisting of not more than two four-year terms on a person's
service as the mayor, a council member, or the controller of the
City of (insert name of municipality)."
(e) If a majority of the votes received at the election
favor the proposition, the number and length of terms a person may
serve on the governing body or as the controller is limited to a
maximum of two four-year terms. The municipality shall amend the
municipality's charter or ordinance to adjust the number and length
of the terms of the members of the governing body and the controller
as necessary to comply with the proposition.
(f) If less than a majority of the votes received at the
election favor the proposition, municipal term limits and the
length of the terms of the members of the governing body and the
controller that existed before the election are not affected.
(g) A term limit authorized by this section applies only to
members of the governing body of a municipality or a controller of a
municipality elected at a general election held on or after
November 5, 2019.
(h) In applying a term limit authorized by this section:
(1) a member of the governing body of a municipality or
a controller of a municipality is eligible for election to another
municipal office that the member of the governing body or
controller has not previously held;
(2) the office of council member of the municipality,
whether elected by district or at-large, is considered to be the
same office;
(3) a person who was barred from election to a certain
office by the municipality's charter or ordinance before November
5, 2019, continues to be barred from election to the same office;
(4) a member of the governing body or a controller who
is serving a first or second term as a member of the governing body
or as the controller is eligible for election to serve one
additional four-year term in the same office;
(5) a member of the governing body or a controller who
is serving a third term as a member of the governing body or as the
controller is not eligible for election to the same office;
(6) a term to which a member of the governing body or a
controller was elected or appointed before the election held under
Subsection (c) is counted only if the member or controller served
one-half or more of the term; and
(7) a partial term to which a member of the governing
body or a controller is elected or appointed on or after the date of
the election held under Subsection (c) is counted only if the member
or controller serves one-half or more of the term.
(i) This section expires January 1, 2020.
SECTION 2. If this Act takes effect immediately, the
governing body of a municipality shall order an election as
provided by Section 26.048, Local Government Code, as added by this
Act, to be held on November 3, 2015. If this Act takes effect
September 1, 2015, the governing body shall order an election as
provided by that section to be held on November 7, 2017.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.