By: Toth H.B. No. 3667
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 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 November [May] uniform election
date after the effective date of a consolidation order.
SECTION 2. Sections 41.001(a) and (b), 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 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
[(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) an election held under a statute that expressly
provides that the requirement of Subsection (a) does not apply to
the election;] or
(6) [(7)] the initial election of the members of the
governing body of a newly incorporated city.
SECTION 3. 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 the uniform election.
SECTION 4. 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, 2019
[2016], change the date on which it holds its general election for
officers to the November uniform election date in a manner that does
not cause an officer's term to exceed any applicable
constitutional limits.
SECTION 5. 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 and any resulting runoff;
[(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 6. Section 49.103(b), Water Code, is amended to
read as follows:
(b) Unless a district holds its general election for
officers on a date as otherwise provided by statute, 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 7. Section 56.804(a), Water Code, is amended to
read as follows:
(a) The election shall be held on the [a] uniform election
day [in May].
SECTION 8. The following laws are repealed:
(1) Section 11.0581, Education Code; and
(2) Sections 41.001(c) and (d), 41.0052(e),
41.007(d), 42.002(c), 67.003(b), and 85.001(e), Election Code.
SECTION 9. 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 10. This Act takes effect September 1, 2019.