85R6598 SCL-D
By: Fallon H.B. No. 1185
A BILL TO BE ENTITLED
AN ACT
relating to the authority of general-law municipalities to impose
term limits on the members of their governing bodies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 21, Local Government Code,
is amended by adding Section 21.006 to read as follows:
Sec. 21.006. TERM LIMITS FOR GOVERNING BODY OF GENERAL-LAW
MUNICIPALITY. (a) In this section:
(1) "Governing body of a municipality" includes the
presiding officer of the municipality's governing body.
(2) "Municipal term limit" means a limit on the number
of terms of service a member of the governing body of a municipality
may serve on the governing body.
(b) The governing body of a general-law municipality may
order an election to impose, amend, or repeal municipal term
limits.
(c) The ballot at an election for imposing municipal term
limits must be printed to permit voting for or against the
proposition: "Imposing term limits consisting of (insert number of
terms and length of terms) on a person's service on the governing
body of (insert name of municipality)." If a majority of the votes
received at the election favor the proposition, the number of terms
a person may serve on the governing body is limited as provided in
the proposition.
(d) The ballot at an election for amending municipal term
limits must be printed to permit voting for or against the
proposition: "Amending municipal term limits to (insert "increase"
or "decrease") the number of terms a person may serve on the
governing body of (insert name of municipality) by providing for
term limits consisting of (insert number of terms and length of
terms) on the person's service on the governing body." If a
majority of the votes received at the election favor the
proposition, the number of terms a person may serve on the governing
body is limited as amended.
(e) The ballot at an election for repealing municipal term
limits must be printed to permit voting for or against the
proposition: "Repealing term limits for a person's service on the
governing body of (insert name of municipality)." If a majority of
the votes received at the election favor the proposition, the
municipal term limits are repealed.
(f) If less than a majority of the votes received at an
election under Subsection (d) or (e) favor the applicable
proposition, municipal term limits that existed before the election
are not affected.
(g) A municipal term limit imposed or amended by an election
held under this section does not apply to a term that a member of the
governing body is serving or was elected or appointed to serve on or
before the date the election was held.
SECTION 2. 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, 2017.