1 | 1 | | 85R6598 SCL-D |
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2 | 2 | | By: Fallon H.B. No. 1185 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the authority of general-law municipalities to impose |
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8 | 8 | | term limits on the members of their governing bodies. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 21, Local Government Code, |
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11 | 11 | | is amended by adding Section 21.006 to read as follows: |
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12 | 12 | | Sec. 21.006. TERM LIMITS FOR GOVERNING BODY OF GENERAL-LAW |
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13 | 13 | | MUNICIPALITY. (a) In this section: |
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14 | 14 | | (1) "Governing body of a municipality" includes the |
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15 | 15 | | presiding officer of the municipality's governing body. |
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16 | 16 | | (2) "Municipal term limit" means a limit on the number |
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17 | 17 | | of terms of service a member of the governing body of a municipality |
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18 | 18 | | may serve on the governing body. |
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19 | 19 | | (b) The governing body of a general-law municipality may |
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20 | 20 | | order an election to impose, amend, or repeal municipal term |
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21 | 21 | | limits. |
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22 | 22 | | (c) The ballot at an election for imposing municipal term |
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23 | 23 | | limits must be printed to permit voting for or against the |
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24 | 24 | | proposition: "Imposing term limits consisting of (insert number of |
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25 | 25 | | terms and length of terms) on a person's service on the governing |
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26 | 26 | | body of (insert name of municipality)." If a majority of the votes |
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27 | 27 | | received at the election favor the proposition, the number of terms |
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28 | 28 | | a person may serve on the governing body is limited as provided in |
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29 | 29 | | the proposition. |
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30 | 30 | | (d) The ballot at an election for amending municipal term |
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31 | 31 | | limits must be printed to permit voting for or against the |
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32 | 32 | | proposition: "Amending municipal term limits to (insert "increase" |
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33 | 33 | | or "decrease") the number of terms a person may serve on the |
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34 | 34 | | governing body of (insert name of municipality) by providing for |
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35 | 35 | | term limits consisting of (insert number of terms and length of |
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36 | 36 | | terms) on the person's service on the governing body." If a |
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37 | 37 | | majority of the votes received at the election favor the |
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38 | 38 | | proposition, the number of terms a person may serve on the governing |
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39 | 39 | | body is limited as amended. |
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40 | 40 | | (e) The ballot at an election for repealing municipal term |
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41 | 41 | | limits must be printed to permit voting for or against the |
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42 | 42 | | proposition: "Repealing term limits for a person's service on the |
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43 | 43 | | governing body of (insert name of municipality)." If a majority of |
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44 | 44 | | the votes received at the election favor the proposition, the |
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45 | 45 | | municipal term limits are repealed. |
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46 | 46 | | (f) If less than a majority of the votes received at an |
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47 | 47 | | election under Subsection (d) or (e) favor the applicable |
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48 | 48 | | proposition, municipal term limits that existed before the election |
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49 | 49 | | are not affected. |
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50 | 50 | | (g) A municipal term limit imposed or amended by an election |
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51 | 51 | | held under this section does not apply to a term that a member of the |
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52 | 52 | | governing body is serving or was elected or appointed to serve on or |
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53 | 53 | | before the date the election was held. |
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54 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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58 | 58 | | Act takes effect September 1, 2017. |
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