Texas 2019 - 86th Regular

Texas House Bill HB4160 Compare Versions

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11 86R4450 JRJ-D
22 By: Swanson H.B. No. 4160
33
44
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 41.012, Education Code, is amended to
2929 read as follows:
3030 Sec. 41.012. DATE OF ELECTIONS. An election under this
3131 chapter for voter approval of an agreement entered by the board of
3232 trustees shall be held on a uniform election date [Tuesday or
3333 Saturday not more than 45 days after the date of the agreement.
3434 Section 41.001, Election Code, does not apply to the election].
3535 SECTION 3. Section 41.253(b), Education Code, is amended to
3636 read as follows:
3737 (b) The transitional board of trustees shall divide the
3838 consolidated district into nine single-member trustee districts in
3939 accordance with the procedures provided by Section 11.052. The
4040 transitional board shall order an election for the initial board of
4141 trustees to be held on the first [May] uniform election date after
4242 the effective date of a consolidation order.
4343 SECTION 4. Sections 41.001(a), (b), and (c), Election Code,
4444 are amended to read as follows:
4545 (a) Except as otherwise provided by this subchapter, each
4646 general or special election in this state shall be held on one of
4747 the following dates:
4848 (1) the first Tuesday in March [Saturday in May in an
4949 odd-numbered year;
5050 [(2) the first Saturday in May in an even-numbered
5151 year, for an election held by a political subdivision other than a
5252 county]; or
5353 (2) [(3)] the first Tuesday after the first Monday in
5454 November.
5555 (b) Subsection (a) does not apply to:
5656 (1) a runoff election;
5757 (2) an election to resolve a tie vote;
5858 (3) an election held under an order of a court or other
5959 tribunal;
6060 (4) an emergency election ordered under Section
6161 41.0011;
6262 (5) an expedited election to fill a vacancy in the
6363 legislature held under Section 203.013;
6464 (6) a special [an] election held under Chapter 203 or
6565 204 [a statute that expressly provides that the requirement of
6666 Subsection (a) does not apply to the election]; or
6767 (7) the initial election of the members of the
6868 governing body of a newly incorporated city.
6969 (c) Except for an election under Subsection (a) or Section
7070 41.0011 [or a runoff election following an election held under
7171 Subsection (a)(2)], an election may not be held within 30 days
7272 before or after the date of the general election for state and
7373 county officers, general primary election, or runoff primary
7474 election.
7575 SECTION 5. Subchapter A, Chapter 41, Election Code, is
7676 amended by adding Section 41.0051 to read as follows:
7777 Sec. 41.0051. ELECTION TO ISSUE BONDS. Notwithstanding any
7878 other law, an election for the issuance of bonds by a political
7979 subdivision shall be held on a uniform election date.
8080 SECTION 6. Section 41.0052(a), Election Code, is amended to
8181 read as follows:
8282 (a) The governing body of a political subdivision[, other
8383 than a county or municipal utility district,] that holds its
8484 general election for officers on a date other than the November
8585 uniform election date shall [may], not later than December 31, 2019
8686 [2016], change the date on which it holds its general election for
8787 officers to the November uniform election date.
8888 SECTION 7. Section 43.007(a), Election Code, is amended to
8989 read as follows:
9090 (a) The secretary of state shall implement a program to
9191 allow each commissioners court participating in the program to
9292 eliminate county election precinct polling places and establish
9393 countywide polling places for:
9494 (1) each general election for state and county
9595 officers;
9696 (2) [each election held on the uniform election date
9797 in May and any resulting runoff;
9898 [(3)] each election on a proposed constitutional
9999 amendment;
100100 (3) [(4)] each primary election and runoff primary
101101 election if:
102102 (A) the county chair or county executive
103103 committee of each political party participating in a joint primary
104104 election under Section 172.126 agrees to the use of countywide
105105 polling places; or
106106 (B) the county chair or county executive
107107 committee of each political party required to nominate candidates
108108 by primary election agrees to use the same countywide polling
109109 places; and
110110 (4) [(5)] each election of a political subdivision
111111 located in the county that is held jointly with an election
112112 described by Subdivision (1), (2), or (3)[, or (4)].
113113 SECTION 8. Section 262.005(e), Health and Safety Code, is
114114 amended to read as follows:
115115 (e) [Section 41.001(a), Election Code, requiring an
116116 election to be held on a uniform election date, does not apply to an
117117 election under this section.] The ballot shall be printed to
118118 provide for voting for or against the proposition: "Dissolution of
119119 the (name of the authority)."
120120 SECTION 9. Sections 43.0755(h), (j), and (k), Local
121121 Government Code, are amended to read as follows:
122122 (h) If a majority of the voters voting in an election under
123123 Subsection (c)(2) or (4) approve the proposition submitted on the
124124 form of local government, the county judge of the county in which
125125 the municipality or alternate form of local government is located
126126 shall order an election for the governing body of the municipality
127127 or alternate form of local government to be held on a date that
128128 complies with the provisions of the Election Code[, except that
129129 Section 41.001(a), Election Code, does not apply]. A municipality
130130 or alternate form of local government resulting from an election
131131 described by this subsection is incorporated or established on the
132132 date a majority of the members of the governing body qualify and
133133 take office.
134134 (j) The temporary governing body under Subsection (i) shall
135135 order an election to elect the permanent governing body of the
136136 municipality or alternate form of local government to occur on a
137137 date that complies with the provisions of the Election Code[,
138138 except that Section 41.001(a), Election Code, does not apply].
139139 (k) An election ordered under Subsection [(h) or] (j) to
140140 elect members of the governing body of a municipality must be held
141141 under the applicable provisions of Chapter 22, 23, or 24, to the
142142 extent consistent with this section. An election for members of
143143 the governing body of an alternate form of government must be held
144144 under the law applicable to that form of government, to the extent
145145 consistent with this section.
146146 SECTION 10. Section 377.021(g), Local Government Code, is
147147 amended to read as follows:
148148 (g) In the order calling the election, the municipality may
149149 provide for the district boundaries to conform automatically to any
150150 changes in the boundaries of the portion of the municipality or the
151151 municipality's extraterritorial jurisdiction included in the
152152 district, and the election shall be held on a [one of the four]
153153 uniform election date [dates] under Section 41.001, Election Code.
154154 SECTION 11. Section 1012.051(b), Special District Local
155155 Laws Code, is amended to read as follows:
156156 (b) Unless four-year terms are established under Section
157157 285.081, Health and Safety Code:
158158 (1) directors serve staggered two-year terms, with
159159 three directors elected in even-numbered years and four directors
160160 elected in odd-numbered years; and
161161 (2) a director's election shall be held each year on a
162162 [the May] uniform election date prescribed by Section 41.001,
163163 Election Code.
164164 SECTION 12. Section 1015.301(c), Special District Local
165165 Laws Code, is amended to read as follows:
166166 (c) The board shall order an election if the board receives
167167 a petition requesting an election that is signed by at least 10
168168 percent of the registered voters in the district. The board shall
169169 order the election to be held on the first uniform election date
170170 that allows sufficient time to comply with any requirements of law
171171 [not later than the 60th day after the date the petition is
172172 presented to the district].
173173 SECTION 13. Section 1025.051, Special District Local Laws
174174 Code, is amended to read as follows:
175175 Sec. 1025.051. BOARD ELECTION; TERM. The district is
176176 governed by a board of seven directors elected at large by place for
177177 staggered three-year terms. A director's election shall be held
178178 each year on a [the May] uniform election date prescribed by Section
179179 41.001, Election Code.
180180 SECTION 14. Section 1035.051(c), Special District Local
181181 Laws Code, is amended to read as follows:
182182 (c) An election shall be held each year on a [the May]
183183 uniform election date under Section 41.001, Election Code, to elect
184184 the appropriate number of directors.
185185 SECTION 15. Section 1048.051(b), Special District Local
186186 Laws Code, is amended to read as follows:
187187 (b) Unless four-year terms are established under Section
188188 285.081, Health and Safety Code:
189189 (1) directors serve two-year terms;
190190 (2) an election shall be held each year on a [the May]
191191 uniform election date under Section 41.001, Election Code; and
192192 (3) the terms of the directors elected to places one
193193 through four expire in odd-numbered years and the terms of the
194194 directors elected to places five through seven expire in
195195 even-numbered years.
196196 SECTION 16. Section 1049.051(c), Special District Local
197197 Laws Code, is amended to read as follows:
198198 (c) An election shall be held each year on a [the May]
199199 uniform election day prescribed by Section 41.001, Election Code,
200200 to elect the appropriate number of directors.
201201 SECTION 17. Section 1050.051(d), Special District Local
202202 Laws Code, is amended to read as follows:
203203 (d) An election shall be held each year on a [the May]
204204 uniform election date under Section 41.001, Election Code, to elect
205205 the appropriate number of at-large directors.
206206 SECTION 18. Section 1076.051(c), Special District Local
207207 Laws Code, is amended to read as follows:
208208 (c) Unless four-year terms are established under Section
209209 285.081, Health and Safety Code:
210210 (1) trustees serve two-year terms;
211211 (2) trustees who represent odd-numbered precincts and
212212 the trustee elected at large are elected in odd-numbered years;
213213 (3) trustees who represent even-numbered precincts
214214 are elected in even-numbered years; and
215215 (4) a trustee's election shall be held each year on a
216216 [the May] uniform election date prescribed by Section 41.001,
217217 Election Code[, or another date authorized by law].
218218 SECTION 19. Section 1081.051(b), Special District Local
219219 Laws Code, is amended to read as follows:
220220 (b) Unless four-year terms are established under Section
221221 285.081, Health and Safety Code:
222222 (1) directors serve staggered two-year terms;
223223 (2) an election shall be held annually on a [the May]
224224 uniform election date under Section 41.001, Election Code; and
225225 (3) the terms of four directors expire in odd-numbered
226226 years and the terms of three directors expire in even-numbered
227227 years.
228228 SECTION 20. Section 1083.051(b), Special District Local
229229 Laws Code, is amended to read as follows:
230230 (b) Unless four-year terms are established under Section
231231 285.081, Health and Safety Code:
232232 (1) directors serve staggered two-year terms; and
233233 (2) a directors' election shall be held each year on a
234234 [the May] uniform election date prescribed by Section 41.001,
235235 Election Code, to elect the appropriate number of directors.
236236 SECTION 21. Section 1091.301(c), Special District Local
237237 Laws Code, is amended to read as follows:
238238 (c) The board shall order an election under this section if
239239 the board receives a petition requesting an election that is signed
240240 by at least 300 registered district voters according to the most
241241 recent official list of registered voters. The board shall order
242242 [call] the election to be held on the first uniform election date
243243 that allows sufficient time to comply with any requirements of law
244244 [not later than the 60th day after the date the petition is
245245 presented to the district].
246246 SECTION 22. Section 1098.051(c), Special District Local
247247 Laws Code, is amended to read as follows:
248248 (c) A directors' election shall be held annually on a [the
249249 May] uniform election date prescribed by Section 41.001, Election
250250 Code[, or another date authorized by law].
251251 SECTION 23. Section 1101.051(c), Special District Local
252252 Laws Code, is amended to read as follows:
253253 (c) An election shall be held in each even-numbered year on
254254 a [the May] uniform election date prescribed under Section 41.001,
255255 Election Code, [or another date authorized by law,] to elect the
256256 appropriate number of directors.
257257 SECTION 24. Section 1102.051(b), Special District Local
258258 Laws Code, is amended to read as follows:
259259 (b) Unless four-year terms are established under Section
260260 285.081, Health and Safety Code:
261261 (1) directors serve two-year terms; and
262262 (2) an election shall be held annually on a [the May]
263263 uniform election date prescribed under Section 41.001, Election
264264 Code[, or another date authorized by law].
265265 SECTION 25. Section 1104.301(c), Special District Local
266266 Laws Code, is amended to read as follows:
267267 (c) If the board receives a petition requesting an election
268268 that is signed by at least 10 percent of the registered voters of
269269 the district, according to the most recent official list of
270270 registered voters, the board shall order an election to be
271271 held. The election shall be called on the first uniform election
272272 date that allows sufficient time to comply with any requirements of
273273 law [not later than the 60th day after the date the petition is
274274 presented to the district].
275275 SECTION 26. Section 3813.052(a), Special District Local
276276 Laws Code, is amended to read as follows:
277277 (a) The board shall hold an election of directors for
278278 positions four and five in each even-numbered year on a [the]
279279 uniform election date [in February] established by Section 41.001,
280280 Election Code.
281281 SECTION 27. Section 3846.052, Special District Local Laws
282282 Code, is amended to read as follows:
283283 Sec. 3846.052. ELECTION OF DIRECTORS. An election to elect
284284 the appropriate number of directors shall be held on the uniform
285285 election date [in May] of each even-numbered year as provided by
286286 Section 41.001(a), Election Code.
287287 SECTION 28. Section 8803.054, Special District Local Laws
288288 Code, is amended to read as follows:
289289 Sec. 8803.054. ELECTION DATE FOR DIRECTORS. The district
290290 shall hold an election to elect the appropriate number of directors
291291 on the uniform election date prescribed by Section 41.001, Election
292292 Code, in [May of] each even-numbered year.
293293 SECTION 29. Section 8805.052(a), Special District Local
294294 Laws Code, is amended to read as follows:
295295 (a) Every second year, the board shall hold an election on a
296296 [the] uniform election date [in May] provided by Section 41.001,
297297 Election Code, to elect the appropriate number of directors.
298298 SECTION 30. Section 8808.053, Special District Local Laws
299299 Code, is amended to read as follows:
300300 Sec. 8808.053. ELECTION DATE. The district shall hold an
301301 election to elect the appropriate number of directors on a [the]
302302 uniform election date prescribed by Section 41.001, Election Code,
303303 in [May of] each even-numbered year.
304304 SECTION 31. Section 8822.053, Special District Local Laws
305305 Code, is amended to read as follows:
306306 Sec. 8822.053. ELECTION DATE. The district shall hold an
307307 election to elect the appropriate number of directors on a [the]
308308 uniform election date prescribed by Section 41.001, Election Code,
309309 in [May of] each even-numbered year.
310310 SECTION 32. Section 8844.104, Special District Local Laws
311311 Code, is amended to read as follows:
312312 Sec. 8844.104. ELECTION DATE. Each odd-numbered year, the
313313 board shall hold an election in the district on a [the] uniform
314314 election date [in May] to elect the appropriate number of
315315 directors. [Section 41.001(a)(2), Election Code, does not apply
316316 to the district.]
317317 SECTION 33. Section 8850.053, Special District Local Laws
318318 Code, is amended to read as follows:
319319 Sec. 8850.053. ELECTION DATE. The district shall hold an
320320 election to elect the appropriate number of directors on a [the]
321321 uniform election date prescribed by Section 41.001, Election Code,
322322 in [May of] each even-numbered year.
323323 SECTION 34. Section 11010.005(h), Special District Local
324324 Laws Code, is amended to read as follows:
325325 (h) If the governing body of the local government, before
326326 the proposed effective date of the order, receives a petition
327327 calling for an election on the question of authorizing the addition
328328 of the local government to the authority as a sponsor that is signed
329329 by at least 10 percent of the local government's registered voters,
330330 the governing body shall order a special election on the question.
331331 [Section 41.001(a), Election Code, does not apply to an election
332332 ordered under this subsection.]
333333 SECTION 35. Section 451.071(f), Transportation Code, is
334334 amended to read as follows:
335335 (f) A referendum on a proposal to expand a system approved
336336 under this section shall [may] be held on any date specified in
337337 Section 41.001, Election Code, [or a date chosen by order of the
338338 board of the authority,] provided that:
339339 (1) the referendum is held no earlier than the 62nd day
340340 after the date of the order; and
341341 (2) the proposed expansion involves the addition of
342342 not more than 12 miles of track to the system.
343343 SECTION 36. Section 49.103(b), Water Code, is amended to
344344 read as follows:
345345 (b) After [Unless a district holds its general election for
346346 officers on a date as otherwise provided by statute, after]
347347 confirmation of a district, an election shall be held on the uniform
348348 election date, provided by Section 41.001, Election Code, [in May
349349 of each even-numbered year] to elect the appropriate number of
350350 directors.
351351 SECTION 37. Section 56.804(a), Water Code, is amended to
352352 read as follows:
353353 (a) The election shall be held on a uniform election day [in
354354 May].
355355 SECTION 38. Section 63.089(a), Water Code, is amended to
356356 read as follows:
357357 (a) An election shall be held in the district on the uniform
358358 election date provided by Section 41.001(a), Election Code [first
359359 Tuesday after the first Monday in November of each even numbered
360360 year to elect the three commissioners. However, the commissioners
361361 may, by adopting an order duly entered on the minutes, determine to
362362 hold the election on the first Tuesday after the first Monday in
363363 October of each even numbered year to elect the commissioners
364364 authorized by law].
365365 SECTION 39. Section 65.103(d), Water Code, is amended to
366366 read as follows:
367367 (d) [Notwithstanding Sections 41.001 and 41.003, Election
368368 Code, the board may hold an election to elect directors on any date
369369 determined by the board.] The terms of directors must be stated on
370370 the ballot.
371371 SECTION 40. (a) Section 60.032(c), Agriculture Code, is
372372 repealed.
373373 (b) The following provisions of the Election Code are
374374 repealed:
375375 (1) Section 41.001(d);
376376 (2) Section 41.0052(e);
377377 (3) Section 41.007(d);
378378 (4) Section 42.002(c); and
379379 (5) Section 85.001(e).
380380 (c) The following provisions of the Health and Safety Code
381381 are repealed:
382382 (1) Section 262.032(e);
383383 (2) Section 282.122(d);
384384 (3) Sections 286.023(g) and (h);
385385 (4) Section 286.101(f); and
386386 (5) Section 286.102(c).
387387 (d) Section 271.004(c), Local Government Code, is repealed.
388388 (e) The following provisions of the Special District Local
389389 Laws Code are repealed:
390390 (1) Section 21.055(b);
391391 (2) Section 1001.154(f);
392392 (3) Section 1001.201(c);
393393 (4) Sections 1001.251(b) and (c);
394394 (5) Section 1002.201(f);
395395 (6) Section 1004.151(f);
396396 (7) Section 1004.171(f);
397397 (8) Sections 1004.303(f) and (g);
398398 (9) Section 1008.151(f);
399399 (10) Section 1012.203(b);
400400 (11) Section 1012.301(e);
401401 (12) Section 1013.301(e);
402402 (13) Section 1015.301(e);
403403 (14) Section 1018.301(e);
404404 (15) Section 1020.351(d);
405405 (16) Sections 1023.301(c-1) and (e);
406406 (17) Section 1024.253(d);
407407 (18) Sections 1025.301(d) and (f);
408408 (19) Sections 1027.301(c-1) and (e);
409409 (20) Section 1030.301(d);
410410 (21) Section 1031.301(e);
411411 (22) Section 1032.301(e);
412412 (23) Section 1033.301(e);
413413 (24) Section 1034.253(d);
414414 (25) Section 1035.155(b);
415415 (26) Section 1036.401(e);
416416 (27) Section 1038.301(e);
417417 (28) Section 1039.118;
418418 (29) Sections 1043.301(c-1) and (e);
419419 (30) Section 1045.253(d);
420420 (31) Section 1046.007;
421421 (32) Section 1048.301(e);
422422 (33) Section 1050.301(e);
423423 (34) Section 1052.301(e);
424424 (35) Section 1056.301(e);
425425 (36) Section 1059.301(e);
426426 (37) Section 1062.301(e);
427427 (38) Section 1067.301(e);
428428 (39) Section 1068.253(f);
429429 (40) Section 1069.154(d);
430430 (41) Section 1072.021(e);
431431 (42) Section 1072.301(e);
432432 (43) Section 1073.301(e);
433433 (44) Section 1073.351(f);
434434 (45) Section 1076.301(e);
435435 (46) Sections 1081.301(d) and (f);
436436 (47) Section 1083.301(d);
437437 (48) Section 1084.301(e);
438438 (49) Section 1088.301(e);
439439 (50) Section 1091.301(e);
440440 (51) Sections 1094.151(b) and (d);
441441 (52) Section 1095.117;
442442 (53) Section 1098.301(e);
443443 (54) Section 1100.151(d);
444444 (55) Section 1100.351(d);
445445 (56) Section 1101.253(d);
446446 (57) Section 1101.254(g);
447447 (58) Section 1101.301(d);
448448 (59) Section 1102.301(f);
449449 (60) Section 1104.253(d);
450450 (61) Section 1104.301(e);
451451 (62) Section 1108.203(d);
452452 (63) Section 1109.301(e);
453453 (64) Section 1115.116;
454454 (65) Section 1116.253(h);
455455 (66) Section 1116.304(b);
456456 (67) Section 1116.351(g);
457457 (68) Section 1120.021(d);
458458 (69) Section 1120.301(e);
459459 (70) Section 1121.021(d);
460460 (71) Section 1121.301(e);
461461 (72) Section 1122.021(d);
462462 (73) Section 1122.2521(e);
463463 (74) Section 1122.301(e);
464464 (75) Section 3818.107;
465465 (76) Section 6606.102(b);
466466 (77) Section 6607.102(b);
467467 (78) Section 8112.023(b);
468468 (79) Section 8113.023(b);
469469 (80) Section 8114.023(b);
470470 (81) Section 8115.023(b);
471471 (82) Section 8116.023(b);
472472 (83) Section 8117.023(b);
473473 (84) Section 8118.023(b);
474474 (85) Section 8119.023(b);
475475 (86) Section 8120.023(b);
476476 (87) Section 8132.023(c);
477477 (88) Section 8185.023(b);
478478 (89) Section 8200.002;
479479 (90) Section 8201.002;
480480 (91) Section 8202.002;
481481 (92) Section 8368.004;
482482 (93) Section 8852.023(b); and
483483 (94) Section 8870.006(c).
484484 (f) The following provisions of the Transportation Code are
485485 repealed:
486486 (1) Section 54.004(c); and
487487 (2) Section 441.030(b).
488488 (g) The following provisions of the Water Code are repealed:
489489 (1) Section 51A.007;
490490 (2) Section 62.1071(g); and
491491 (3) Section 63.089(b).
492492 (h) Section 8.01(f), Chapter 670, Acts of the 72nd
493493 Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's
494494 Texas Civil Statutes), is repealed.
495495 SECTION 41. This Act applies only to an election ordered on
496496 or after the effective date of this Act. An election ordered before
497497 the effective date of this Act is governed by the law as it existed
498498 immediately before the effective date of this Act, and that law is
499499 continued in effect for that purpose.
500500 SECTION 42. This Act takes effect September 1, 2019.