Texas 2017 - 85th Regular

Texas House Bill HB1271 Compare Versions

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11 85R8618 JRJ-D
22 By: Lang H.B. No. 1271
33
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to holding elections on uniform election dates.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 11.0581(a), Education Code, is amended
1010 to read as follows:
1111 (a) An election for trustees of an independent school
1212 district shall be held on a uniform election date [the same date as:
1313 [(1) the election for the members of the governing
1414 body of a municipality located in the school district;
1515 [(2) the general election for state and county
1616 officers;
1717 [(3) the election for the members of the governing
1818 body of a hospital district, if the school district:
1919 [(A) is wholly or partly located in a county with
2020 a population of less than 40,000 that is adjacent to a county with a
2121 population of more than three million; and
2222 [(B) held its election for trustees jointly with
2323 the election for the members of the governing body of the hospital
2424 district before May 2007; or
2525 [(4) the election for the members of the governing
2626 board of a public junior college district in which the school
2727 district is wholly or partly located].
2828 SECTION 2. Section 41.253(b), Education Code, is amended to
2929 read as follows:
3030 (b) The transitional board of trustees shall divide the
3131 consolidated district into nine single-member trustee districts in
3232 accordance with the procedures provided by Section 11.052. The
3333 transitional board shall order an election for the initial board of
3434 trustees to be held on the first [May] uniform election date after
3535 the effective date of a consolidation order.
3636 SECTION 3. Sections 41.001(a), (b), and (c), Election Code,
3737 are amended to read as follows:
3838 (a) Except as otherwise provided by this subchapter, each
3939 general or special election in this state shall be held on one of
4040 the following dates:
4141 (1) the first Tuesday in March [Saturday in May in an
4242 odd-numbered year;
4343 [(2) the first Saturday in May] in an even-numbered
4444 year[, for an election held by a political subdivision other than a
4545 county]; or
4646 (2) [(3)] the first Tuesday after the first Monday in
4747 November.
4848 (b) Subsection (a) does not apply to:
4949 (1) a runoff election;
5050 (2) an election to resolve a tie vote;
5151 (3) an election held under an order of a court or other
5252 tribunal;
5353 (4) an emergency election ordered under Section
5454 41.0011;
5555 (5) an expedited election to fill a vacancy in the
5656 legislature held under Section 203.013;
5757 (6) a special [an] election held under Chapter 203 or
5858 204 [a statute that expressly provides that the requirement of
5959 Subsection (a) does not apply to the election]; or
6060 (7) the initial election of the members of the
6161 governing body of a newly incorporated city.
6262 (c) Except for an election under Subsection (a) or Section
6363 41.0011 [or a runoff election following an election held under
6464 Subsection (a)(2)], an election may not be held within 30 days
6565 before or after the date of the general election for state and
6666 county officers, general primary election, or runoff primary
6767 election.
6868 SECTION 4. Subchapter A, Chapter 41, Election Code, is
6969 amended by adding Section 41.0051 to read as follows:
7070 Sec. 41.0051. ELECTION TO ISSUE BONDS. Notwithstanding any
7171 other law, an election for the issuance of bonds by a political
7272 subdivision shall be held on a uniform election date.
7373 SECTION 5. Section 41.0052(a), Election Code, is amended to
7474 read as follows:
7575 (a) The governing body of a political subdivision[, other
7676 than a county or municipal utility district,] that holds its
7777 general election for officers on a date other than the November
7878 uniform election date shall [may], not later than December 31, 2017
7979 [2016], change the date on which it holds its general election for
8080 officers to the November uniform election date.
8181 SECTION 6. Section 43.007(a), Election Code, is amended to
8282 read as follows:
8383 (a) The secretary of state shall implement a program to
8484 allow each commissioners court participating in the program to
8585 eliminate county election precinct polling places and establish
8686 countywide polling places for:
8787 (1) each general election for state and county
8888 officers;
8989 (2) [each election held on the uniform election date
9090 in May;
9191 [(3)] each election on a proposed constitutional
9292 amendment;
9393 (3) [(4)] each primary election and runoff primary
9494 election if:
9595 (A) the county chair or county executive
9696 committee of each political party participating in a joint primary
9797 election under Section 172.126 agrees to the use of countywide
9898 polling places; or
9999 (B) the county chair or county executive
100100 committee of each political party required to nominate candidates
101101 by primary election agrees to use the same countywide polling
102102 places; and
103103 (4) [(5)] each election of a political subdivision
104104 located in the county that is held jointly with an election
105105 described by Subdivision (1), (2), or (3)[, or (4)].
106106 SECTION 7. Section 67.003(a), Election Code, is amended to
107107 read as follows:
108108 (a) Except as provided by Subsection [(b) or] (c), each
109109 local canvassing authority shall convene to conduct the local
110110 canvass at the time set by the canvassing authority's presiding
111111 officer not earlier than the eighth day or later than the 11th day
112112 after election day.
113113 SECTION 8. Section 49.103(b), Water Code, is amended to
114114 read as follows:
115115 (b) After confirmation of a district, an election shall be
116116 held on the uniform election date, provided by Section 41.001,
117117 Election Code, [in May of each even-numbered year] to elect the
118118 appropriate number of directors.
119119 SECTION 9. Section 56.804(a), Water Code, is amended to
120120 read as follows:
121121 (a) The election shall be held on a uniform election day [in
122122 May].
123123 SECTION 10. Sections 41.001(d), 41.0052(e), 41.007(d),
124124 42.002(c), 67.003(b), and 85.001(e), Election Code, are repealed.
125125 SECTION 11. This Act applies only to an election ordered on
126126 or after the effective date of this Act. An election ordered before
127127 the effective date of this Act is governed by the law as it existed
128128 immediately before the effective date of this Act, and that law is
129129 continued in effect for that purpose.
130130 SECTION 12. This Act takes effect September 1, 2017.