85R8618 JRJ-D
By: Fallon H.B. No. 3545
A BILL TO BE ENTITLED
AN ACT
relating to holding elections on uniform election dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.0581(a), Education Code, is amended
to read as follows:
(a) An election for trustees of an independent school
district shall be held on a uniform election date [the same date as:
[(1) the election for the members of the governing
body of a municipality located in the school district;
[(2) the general election for state and county
officers;
[(3) the election for the members of the governing
body of a hospital district, if the school district:
[(A) is wholly or partly located in a county with
a population of less than 40,000 that is adjacent to a county with a
population of more than three million; and
[(B) held its election for trustees jointly with
the election for the members of the governing body of the hospital
district before May 2007; or
[(4) the election for the members of the governing
board of a public junior college district in which the school
district is wholly or partly located].
SECTION 2. Section 41.253(b), Education Code, is amended to
read as follows:
(b) The transitional board of trustees shall divide the
consolidated district into nine single-member trustee districts in
accordance with the procedures provided by Section 11.052. The
transitional board shall order an election for the initial board of
trustees to be held on the first [May] uniform election date after
the effective date of a consolidation order.
SECTION 3. Sections 41.001(a), (b), and (c), Election Code,
are amended to read as follows:
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the first Tuesday in March [Saturday in May in an
odd-numbered year;
[(2) the first Saturday in May] in an even-numbered
year[, for an election held by a political subdivision other than a
county]; or
(2) [(3)] the first Tuesday after the first Monday in
November.
(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) an election to resolve a tie vote;
(3) an election held under an order of a court or other
tribunal;
(4) an emergency election ordered under Section
41.0011;
(5) an expedited election to fill a vacancy in the
legislature held under Section 203.013;
(6) a special [an] election held under Chapter 203 or
204 [a statute that expressly provides that the requirement of
Subsection (a) does not apply to the election]; or
(7) the initial election of the members of the
governing body of a newly incorporated city.
(c) Except for an election under Subsection (a) or Section
41.0011 [or a runoff election following an election held under
Subsection (a)(2)], an election may not be held within 30 days
before or after the date of the general election for state and
county officers, general primary election, or runoff primary
election.
SECTION 4. Subchapter A, Chapter 41, Election Code, is
amended by adding Section 41.0051 to read as follows:
Sec. 41.0051. ELECTION TO ISSUE BONDS. Notwithstanding any
other law, an election for the issuance of bonds by a political
subdivision shall be held on a uniform election date.
SECTION 5. Section 41.0052(a), Election Code, is amended to
read as follows:
(a) The governing body of a political subdivision[, other
than a county or municipal utility district,] that holds its
general election for officers on a date other than the November
uniform election date shall [may], not later than December 31, 2017
[2016], change the date on which it holds its general election for
officers to the November uniform election date.
SECTION 6. Section 43.007(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall implement a program to
allow each commissioners court participating in the program to
eliminate county election precinct polling places and establish
countywide polling places for:
(1) each general election for state and county
officers;
(2) [each election held on the uniform election date
in May;
[(3)] each election on a proposed constitutional
amendment;
(3) [(4)] each primary election and runoff primary
election if:
(A) the county chair or county executive
committee of each political party participating in a joint primary
election under Section 172.126 agrees to the use of countywide
polling places; or
(B) the county chair or county executive
committee of each political party required to nominate candidates
by primary election agrees to use the same countywide polling
places; and
(4) [(5)] each election of a political subdivision
located in the county that is held jointly with an election
described by Subdivision (1), (2), or (3)[, or (4)].
SECTION 7. Section 67.003(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection [(b) or] (c), each
local canvassing authority shall convene to conduct the local
canvass at the time set by the canvassing authority's presiding
officer not earlier than the eighth day or later than the 11th day
after election day.
SECTION 8. Section 49.103(b), Water Code, is amended to
read as follows:
(b) After confirmation of a district, an election shall be
held on the uniform election date, provided by Section 41.001,
Election Code, [in May of each even-numbered year] to elect the
appropriate number of directors.
SECTION 9. Section 56.804(a), Water Code, is amended to
read as follows:
(a) The election shall be held on a uniform election day [in
May].
SECTION 10. Sections 41.001(d), 41.0052(e), 41.007(d),
42.002(c), 67.003(b), and 85.001(e), Election Code, are repealed.
SECTION 11. This Act applies only to an election ordered on
or after the effective date of this Act. An election ordered before
the effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 12. This Act takes effect September 1, 2017.