Texas 2015 - 84th Regular

Texas House Bill HB2917 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R22796 NC-D
2	2		By: Alvarado H.B. No. 2917
3		-	Substitute the following for H.B. No. 2917:
4		-	By: Bernal C.S.H.B. No. 2917
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the authority of certain municipalities to impose term
10	8		limits on certain elected officials.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subchapter C, Chapter 26, Local Government
13	11		Code, is amended by adding Section 26.048 to read as follows:
14	12		Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES. (a)
15	13		This section applies only to a municipality with a population of 1.8
16	14		million or more.
17	15		(b) In this section:
18	16		(1) "Governing body of a municipality" means the mayor
19	17		and the council members of the municipality.
20	18		(2) "Municipal term limit" means a provision in a
21	19		municipal charter or ordinance that imposes a limit on the number of
22	20		terms or otherwise restricts the length of service a member of the
23	21		governing body of a municipality may serve on the governing body or
24	22		an elected controller of the municipality may serve as a
25	23		controller.
26	24		(c) The governing body of a municipality shall order an
27	25		election in the municipality on the question of imposing term
28	26		limits of a maximum of two four-year terms on the members of the
29	27		governing body of the municipality and the controller of the
30	28		municipality.
31	29		(d) The ballot at the election must be printed to permit
32	30		voting for or against the proposition: "Authorizing term limits
33	31		consisting of not more than two four-year terms on a person's
34	32		service as the mayor, a council member, or the controller of the
35	33		City of (insert name of municipality)."
36	34		(e) If a majority of the votes received at the election
37	35		favor the proposition, the number and length of terms a person may
38	36		serve on the governing body or as the controller is limited to a
39	37		maximum of two four-year terms. The municipality shall amend the
40	38		municipality's charter or ordinance to adjust the number and length
41	39		of the terms of the members of the governing body and the controller
42	40		as necessary to comply with the proposition.
43	41		(f) If less than a majority of the votes received at the
44	42		election favor the proposition, municipal term limits and the
45	43		length of the terms of the members of the governing body and the
46	44		controller that existed before the election are not affected.
47	45		(g) A term limit authorized by this section applies only to
48	46		members of the governing body of a municipality or a controller of a
49	47		municipality elected at a general election held on or after
50	48		November 5, 2019.
51	49		(h) In applying a term limit authorized by this section:
52	50		(1) a member of the governing body of a municipality or
53	51		a controller of a municipality is eligible for election to another
54	52		municipal office that the member of the governing body or
55	53		controller has not previously held;
56	54		(2) the office of council member of the municipality,
57	55		whether elected by district or at-large, is considered to be the
58	56		same office;
59	57		(3) a person who was barred from election to a certain
60	58		office by the municipality's charter or ordinance before November
61	59		5, 2019, continues to be barred from election to the same office;
62	60		(4) a member of the governing body or a controller who
63	61		is serving a first or second term as a member of the governing body
64	62		or as the controller is eligible for election to serve one
65	63		additional four-year term in the same office;
66	64		(5) a member of the governing body or a controller who
67	65		is serving a third term as a member of the governing body or as the
68	66		controller is not eligible for election to the same office;
69	67		(6) a term to which a member of the governing body or a
70	68		controller was elected or appointed before the election held under
71	69		Subsection (c) is counted only if the member or controller served
72	70		one-half or more of the term; and
73	71		(7) a partial term to which a member of the governing
74	72		body or a controller is elected or appointed on or after the date of
75	73		the election held under Subsection (c) is counted only if the member
76	74		or controller serves one-half or more of the term.
77	75		(i) This section expires January 1, 2020.
78	76		SECTION 2. If this Act takes effect immediately, the
79	77		governing body of a municipality shall order an election as
80	78		provided by Section 26.048, Local Government Code, as added by this
81	79		Act, to be held on November 3, 2015. If this Act takes effect
82	80		September 1, 2015, the governing body shall order an election as
83	81		provided by that section to be held on November 7, 2017.
84	82		SECTION 3. This Act takes effect immediately if it receives
85	83		a vote of two-thirds of all the members elected to each house, as
86	84		provided by Section 39, Article III, Texas Constitution. If this
87	85		Act does not receive the vote necessary for immediate effect, this
88	86		Act takes effect September 1, 2015.