1 | 1 | | 85R12830 SRS-D |
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2 | 2 | | By: Shaheen H.B. No. 3415 |
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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 holding elections on uniform election dates. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 41.253(b), Education Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | (b) The transitional board of trustees shall divide the |
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12 | 12 | | consolidated district into nine single-member trustee districts in |
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13 | 13 | | accordance with the procedures provided by Section 11.052. The |
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14 | 14 | | transitional board shall order an election for the initial board of |
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15 | 15 | | trustees to be held on the first November [May] uniform election |
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16 | 16 | | date in an even-numbered year after the effective date of a |
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17 | 17 | | consolidation order. |
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18 | 18 | | SECTION 2. Sections 41.001(a) and (b), Election Code, are |
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19 | 19 | | amended to read as follows: |
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20 | 20 | | (a) Except as otherwise provided by this subchapter, each |
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21 | 21 | | general or special election in this state shall be held on [one of |
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22 | 22 | | the following dates: |
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23 | 23 | | [(1) the first Saturday in May in an odd-numbered |
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24 | 24 | | year; |
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25 | 25 | | [(2) the first Saturday in May in an even-numbered |
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26 | 26 | | year, for an election held by a political subdivision other than a |
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27 | 27 | | county; or |
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28 | 28 | | [(3)] the first Tuesday after the first Monday in |
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29 | 29 | | November in an even-numbered year. |
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30 | 30 | | (b) Subsection (a) does not apply to: |
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31 | 31 | | (1) a runoff election; |
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32 | 32 | | (2) an election to resolve a tie vote; |
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33 | 33 | | (3) an election held under an order of a court or other |
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34 | 34 | | tribunal; |
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35 | 35 | | (4) an emergency election ordered under Section |
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36 | 36 | | 41.0011; |
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37 | 37 | | (5) an expedited election to fill a vacancy in the |
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38 | 38 | | legislature held under Section 203.013; |
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39 | 39 | | [(6) an election held under a statute that expressly |
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40 | 40 | | provides that the requirement of Subsection (a) does not apply to |
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41 | 41 | | the election;] or |
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42 | 42 | | (6) [(7)] the initial election of the members of the |
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43 | 43 | | governing body of a newly incorporated city. |
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44 | 44 | | SECTION 3. Subchapter A, Chapter 41, Election Code, is |
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45 | 45 | | amended by adding Section 41.0051 to read as follows: |
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46 | 46 | | Sec. 41.0051. ELECTION TO ISSUE BONDS. Notwithstanding any |
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47 | 47 | | other law, an election for the issuance of bonds by a political |
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48 | 48 | | subdivision shall be held on the uniform election date in an |
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49 | 49 | | even-numbered year. |
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50 | 50 | | SECTION 4. Section 41.0052(a), Election Code, is amended to |
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51 | 51 | | read as follows: |
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52 | 52 | | (a) The governing body of a political subdivision[, other |
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53 | 53 | | than a county or municipal utility district,] that holds its |
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54 | 54 | | general election for officers on a date other than the November |
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55 | 55 | | uniform election date in an even-numbered year shall [may], not |
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56 | 56 | | later than December 31, 2017 [2016], change the date on which it |
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57 | 57 | | holds its general election for officers to the November uniform |
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58 | 58 | | election date in an even-numbered year in a manner that does not |
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59 | 59 | | cause an officer's term to exceed any applicable constitutional |
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60 | 60 | | limits. |
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61 | 61 | | SECTION 5. Section 43.007(a), Election Code, is amended to |
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62 | 62 | | read as follows: |
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63 | 63 | | (a) The secretary of state shall implement a program to |
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64 | 64 | | allow each commissioners court participating in the program to |
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65 | 65 | | eliminate county election precinct polling places and establish |
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66 | 66 | | countywide polling places for: |
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67 | 67 | | (1) each general election for state and county |
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68 | 68 | | officers; |
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69 | 69 | | (2) [each election held on the uniform election date |
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70 | 70 | | in May; |
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71 | 71 | | [(3)] each election on a proposed constitutional |
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72 | 72 | | amendment; |
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73 | 73 | | (3) [(4)] each primary election and runoff primary |
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74 | 74 | | election if: |
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75 | 75 | | (A) the county chair or county executive |
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76 | 76 | | committee of each political party participating in a joint primary |
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77 | 77 | | election under Section 172.126 agrees to the use of countywide |
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78 | 78 | | polling places; or |
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79 | 79 | | (B) the county chair or county executive |
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80 | 80 | | committee of each political party required to nominate candidates |
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81 | 81 | | by primary election agrees to use the same countywide polling |
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82 | 82 | | places; and |
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83 | 83 | | (4) [(5)] each election of a political subdivision |
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84 | 84 | | located in the county that is held jointly with an election |
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85 | 85 | | described by Subdivision (1), (2), or (3)[, or (4)]. |
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86 | 86 | | SECTION 6. Section 67.003(a), Election Code, is amended to |
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87 | 87 | | read as follows: |
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88 | 88 | | (a) Except as provided by Subsection [(b) or] (c), each |
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89 | 89 | | local canvassing authority shall convene to conduct the local |
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90 | 90 | | canvass at the time set by the canvassing authority's presiding |
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91 | 91 | | officer not earlier than the eighth day or later than the 11th day |
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92 | 92 | | after election day. |
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93 | 93 | | SECTION 7. Section 49.103(b), Water Code, is amended to |
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94 | 94 | | read as follows: |
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95 | 95 | | (b) After confirmation of a district, an election shall be |
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96 | 96 | | held on the uniform election date, provided by Section 41.001, |
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97 | 97 | | Election Code, [in May of each even-numbered year] to elect the |
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98 | 98 | | appropriate number of directors. |
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99 | 99 | | SECTION 8. Section 56.804(a), Water Code, is amended to |
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100 | 100 | | read as follows: |
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101 | 101 | | (a) The election shall be held on the [a] uniform election |
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102 | 102 | | day [in May]. |
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103 | 103 | | SECTION 9. The following laws are repealed: |
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104 | 104 | | (1) Section 11.0581, Education Code; and |
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105 | 105 | | (2) Sections 41.001(c) and(d), 41.0052(e), 41.007(d), |
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106 | 106 | | 42.002(c), 67.003(b), and 85.001(e), Election Code. |
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107 | 107 | | SECTION 10. This Act applies only to an election ordered on |
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108 | 108 | | or after the effective date of this Act. An election ordered before |
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109 | 109 | | the effective date of this Act is governed by the law as it existed |
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110 | 110 | | immediately before the effective date of this Act, and that law is |
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111 | 111 | | continued in effect for that purpose. |
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112 | 112 | | SECTION 11. This Act takes effect September 1, 2017. |
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