Texas 2019 - 86th Regular

Texas Senate Bill SB954 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11241 JRJ-D
2	2	By: Fallon S.B. No. 954
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to jointly holding elections on uniform election dates.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 11.0581(a), Education Code, is amended
10	10	to read as follows:
11	11	(a) An election for trustees of an independent school
12	12	district shall be held on the uniform election date [the same date
13	13	as:
14	14	[(1) the election for the members of the governing
15	15	body of a municipality located in the school district;
16	16	[(2) the general election for state and county
17	17	officers;
18	18	[(3) the election for the members of the governing
19	19	body of a hospital district, if the school district:
20	20	[(A) is wholly or partly located in a county with
21	21	a population of less than 40,000 that is adjacent to a county with a
22	22	population of more than three million; and
23	23	[(B) held its election for trustees jointly with
24	24	the election for the members of the governing body of the hospital
25	25	district before May 2007; or
26	26	[(4) the election for the members of the governing
27	27	board of a public junior college district in which the school
28	28	district is wholly or partly located].
29	29	SECTION 2. Section 41.012, Education Code, is amended to
30	30	read as follows:
31	31	Sec. 41.012. DATE OF ELECTIONS. An election under this
32	32	chapter for voter approval of an agreement entered by the board of
33	33	trustees shall be held on the uniform election date [a Tuesday or
34	34	Saturday not more than 45 days after the date of the agreement.
35	35	Section 41.001, Election Code, does not apply to the election].
36	36	SECTION 3. Section 41.253(b), Education Code, is amended to
37	37	read as follows:
38	38	(b) The transitional board of trustees shall divide the
39	39	consolidated district into nine single-member trustee districts in
40	40	accordance with the procedures provided by Section 11.052. The
41	41	transitional board shall order an election for the initial board of
42	42	trustees to be held on the first [May] uniform election date after
43	43	the effective date of a consolidation order.
44	44	SECTION 4. Sections 41.001(a), (b), and (c), Election Code,
45	45	are amended to read as follows:
46	46	(a) Except as otherwise provided by this subchapter, each
47	47	general or special election in this state shall be held on [one of
48	48	the following dates:
49	49	[(1)] the first [Saturday in May in an odd-numbered
50	50	year;
51	51	[(2) the first Saturday in May in an even-numbered
52	52	year, for an election held by a political subdivision other than a
53	53	county; or
54	54	[(3) the first] Tuesday after the first Monday in
55	55	November.
56	56	(b) Subsection (a) does not apply to:
57	57	(1) a runoff election;
58	58	(2) an election to resolve a tie vote;
59	59	(3) an election held under an order of a court or other
60	60	tribunal;
61	61	(4) an emergency election ordered under Section
62	62	41.0011;
63	63	(5) an expedited election to fill a vacancy in the
64	64	legislature held under Section 203.013;
65	65	(6) a special [an] election held under Chapter 203 or
66	66	204 [a statute that expressly provides that the requirement of
67	67	Subsection (a) does not apply to the election]; or
68	68	(7) the initial election of the members of the
69	69	governing body of a newly incorporated city.
70	70	(c) Except for an election under Subsection (a) or Section
71	71	41.0011 [or a runoff election following an election held under
72	72	Subsection (a)(2)], an election may not be held within 30 days
73	73	before or after the date of the general election for state and
74	74	county officers, general primary election, or runoff primary
75	75	election.
76	76	SECTION 5. Subchapter A, Chapter 41, Election Code, is
77	77	amended by adding Section 41.0051 to read as follows:
78	78	Sec. 41.0051. ELECTION TO ISSUE BONDS. Notwithstanding any
79	79	other law, an election for the issuance of bonds by a political
80	80	subdivision shall be held on the uniform election date.
81	81	SECTION 6. Section 41.0052(a), Election Code, is amended to
82	82	read as follows:
83	83	(a) The governing body of a political subdivision[, other
84	84	than a county or municipal utility district,] that holds its
85	85	general election for officers on a date other than the November
86	86	uniform election date shall [may], not later than December 31, 2019
87	87	[2016], change the date on which it holds its general election for
88	88	officers to the November uniform election date.
89	89	SECTION 7. Section 43.007(a), Election Code, is amended to
90	90	read as follows:
91	91	(a) The secretary of state shall implement a program to
92	92	allow each commissioners court participating in the program to
93	93	eliminate county election precinct polling places and establish
94	94	countywide polling places for:
95	95	(1) each general election for state and county
96	96	officers;
97	97	(2) [each election held on the uniform election date
98	98	in May and any resulting runoff;
99	99	[(3)] each election on a proposed constitutional
100	100	amendment;
101	101	(3) [(4)] each primary election and runoff primary
102	102	election if:
103	103	(A) the county chair or county executive
104	104	committee of each political party participating in a joint primary
105	105	election under Section 172.126 agrees to the use of countywide
106	106	polling places; or
107	107	(B) the county chair or county executive
108	108	committee of each political party required to nominate candidates
109	109	by primary election agrees to use the same countywide polling
110	110	places; and
111	111	(4) [(5)] each election of a political subdivision
112	112	located in the county that is held jointly with an election
113	113	described by Subdivision (1), (2), or (3)[, or (4)].
114	114	SECTION 8. The heading to Section 271.002, Election Code,
115	115	is amended to read as follows:
116	116	Sec. 271.002. JOINT ELECTIONS REQUIRED [AUTHORIZED].
117	117	SECTION 9. Sections 271.002(a), (b), and (c), Election
118	118	Code, are amended to read as follows:
119	119	(a) If the elections ordered by the authorities of two or
120	120	more political subdivisions are to be held on the same day in all or
121	121	part of the same county, the governing bodies of the political
122	122	subdivisions shall [may] enter into an agreement to hold the
123	123	elections jointly in the election precincts that can be served by
124	124	common polling places, subject to Section 271.003.
125	125	(b) If an election ordered by the governor and the elections
126	126	ordered by the authorities of one or more political subdivisions
127	127	are to be held on the same day in all or part of the same county, the
128	128	commissioners court of a county in which the election ordered by the
129	129	governor is to be held and the governing bodies of the other
130	130	political subdivisions shall [may] enter into an agreement to hold
131	131	the elections jointly in the election precincts that can be served
132	132	by common polling places, subject to Section 271.003.
133	133	(c) If another law requires two or more political
134	134	subdivisions to hold a joint election, the governing body of any
135	135	other political subdivision holding an election on the same day in
136	136	all or part of the same county in which the joint election is to be
137	137	held shall [may] enter into an agreement to participate in the joint
138	138	election with the governing bodies of the political subdivisions
139	139	holding the joint election.
140	140	SECTION 10. Section 262.005(e), Health and Safety Code, is
141	141	amended to read as follows:
142	142	(e) [Section 41.001(a), Election Code, requiring an
143	143	election to be held on a uniform election date, does not apply to an
144	144	election under this section.] The ballot shall be printed to
145	145	provide for voting for or against the proposition: "Dissolution of
146	146	the (name of the authority)."
147	147	SECTION 11. Sections 43.0755(h), (j), and (k), Local
148	148	Government Code, are amended to read as follows:
149	149	(h) If a majority of the voters voting in an election under
150	150	Subsection (c)(2) or (4) approve the proposition submitted on the
151	151	form of local government, the county judge of the county in which
152	152	the municipality or alternate form of local government is located
153	153	shall order an election for the governing body of the municipality
154	154	or alternate form of local government to be held on a date that
155	155	complies with the provisions of the Election Code[, except that
156	156	Section 41.001(a), Election Code, does not apply]. A municipality
157	157	or alternate form of local government resulting from an election
158	158	described by this subsection is incorporated or established on the
159	159	date a majority of the members of the governing body qualify and
160	160	take office.
161	161	(j) The temporary governing body under Subsection (i) shall
162	162	order an election to elect the permanent governing body of the
163	163	municipality or alternate form of local government to occur on a
164	164	date that complies with the provisions of the Election Code[,
165	165	except that Section 41.001(a), Election Code, does not apply].
166	166	(k) An election ordered under Subsection [(h) or] (j) to
167	167	elect members of the governing body of a municipality must be held
168	168	under the applicable provisions of Chapter 22, 23, or 24, to the
169	169	extent consistent with this section. An election for members of
170	170	the governing body of an alternate form of government must be held
171	171	under the law applicable to that form of government, to the extent
172	172	consistent with this section.
173	173	SECTION 12. Section 377.021(g), Local Government Code, is
174	174	amended to read as follows:
175	175	(g) In the order calling the election, the municipality may
176	176	provide for the district boundaries to conform automatically to any
177	177	changes in the boundaries of the portion of the municipality or the
178	178	municipality's extraterritorial jurisdiction included in the
179	179	district, and the election shall be held on the [one of the four]
180	180	uniform election date [dates] under Section 41.001, Election Code.
181	181	SECTION 13. Chapter 1, Special District Local Laws Code, is
182	182	amended by adding Section 1.006 to read as follows:
183	183	Sec. 1.006. UNIFORM ELECTION DATE. Notwithstanding any
184	184	other provision of this code, an election held under this code shall
185	185	be held on the uniform election date prescribed by Section 41.001,
186	186	Election Code.
187	187	SECTION 14. Section 451.071(f), Transportation Code, is
188	188	amended to read as follows:
189	189	(f) A referendum on a proposal to expand a system approved
190	190	under this section shall [may] be held on any date specified in
191	191	Section 41.001, Election Code, [or a date chosen by order of the
192	192	board of the authority,] provided that:
193	193	(1) the referendum is held no earlier than the 62nd day
194	194	after the date of the order; and
195	195	(2) the proposed expansion involves the addition of
196	196	not more than 12 miles of track to the system.
197	197	SECTION 15. Section 49.103(b), Water Code, is amended to
198	198	read as follows:
199	199	(b) After [Unless a district holds its general election for
200	200	officers on a date as otherwise provided by statute, after]
201	201	confirmation of a district, an election shall be held on the uniform
202	202	election date, provided by Section 41.001, Election Code, [in May
203	203	of each even-numbered year] to elect the appropriate number of
204	204	directors.
205	205	SECTION 16. Section 56.804(a), Water Code, is amended to
206	206	read as follows:
207	207	(a) The election shall be held on a uniform election day [in
208	208	May].
209	209	SECTION 17. Section 63.089(a), Water Code, is amended to
210	210	read as follows:
211	211	(a) An election shall be held in the district on the uniform
212	212	election date provided by Section 41.001(a), Election Code [first
213	213	Tuesday after the first Monday in November of each even numbered
214	214	year to elect the three commissioners. However, the commissioners
215	215	may, by adopting an order duly entered on the minutes, determine to
216	216	hold the election on the first Tuesday after the first Monday in
217	217	October of each even numbered year to elect the commissioners
218	218	authorized by law].
219	219	SECTION 18. Section 65.103(d), Water Code, is amended to
220	220	read as follows:
221	221	(d) [Notwithstanding Sections 41.001 and 41.003, Election
222	222	Code, the board may hold an election to elect directors on any date
223	223	determined by the board.] The terms of directors must be stated on
224	224	the ballot.
225	225	SECTION 19. (a) Section 60.032(c), Agriculture Code, is
226	226	repealed.
227	227	(b) The following provisions of the Election Code are
228	228	repealed:
229	229	(1) Section 41.001(d);
230	230	(2) Section 41.0052(e);
231	231	(3) Section 42.002(c); and
232	232	(4) Section 85.001(e).
233	233	(c) The following provisions of the Health and Safety Code
234	234	are repealed:
235	235	(1) Section 262.032(e);
236	236	(2) Section 282.122(d);
237	237	(3) Sections 286.023(g) and (h);
238	238	(4) Section 286.101(f); and
239	239	(5) Section 286.102(c).
240	240	(d) Section 271.004(c), Local Government Code, is repealed.
241	241	(e) The following provisions of the Special District Local
242	242	Laws Code are repealed:
243	243	(1) Section 21.055(b);
244	244	(2) Section 1001.154(f);
245	245	(3) Section 1001.201(c);
246	246	(4) Sections 1001.251(b) and (c);
247	247	(5) Section 1002.201(f);
248	248	(6) Section 1004.151(f);
249	249	(7) Section 1004.171(f);
250	250	(8) Sections 1004.303(f) and (g);
251	251	(9) Section 1008.151(f);
252	252	(10) Section 1012.203(b);
253	253	(11) Section 1012.301(e);
254	254	(12) Section 1013.301(e);
255	255	(13) Section 1015.301(e);
256	256	(14) Section 1018.301(e);
257	257	(15) Section 1020.351(d);
258	258	(16) Sections 1023.301(c-1) and (e);
259	259	(17) Section 1024.253(d);
260	260	(18) Sections 1025.301(d) and (f);
261	261	(19) Sections 1027.301(c-1) and (e);
262	262	(20) Section 1030.301(d);
263	263	(21) Section 1031.301(e);
264	264	(22) Section 1032.301(e);
265	265	(23) Section 1033.301(e);
266	266	(24) Section 1034.253(d);
267	267	(25) Section 1035.155(b);
268	268	(26) Section 1036.401(e);
269	269	(27) Section 1038.301(e);
270	270	(28) Section 1039.118;
271	271	(29) Sections 1043.301(c-1) and (e);
272	272	(30) Section 1045.253(d);
273	273	(31) Section 1046.007;
274	274	(32) Section 1048.301(e);
275	275	(33) Section 1050.301(e);
276	276	(34) Section 1052.301(e);
277	277	(35) Section 1056.301(e);
278	278	(36) Section 1059.301(e);
279	279	(37) Section 1062.301(e);
280	280	(38) Section 1067.301(e);
281	281	(39) Section 1068.253(f);
282	282	(40) Section 1069.154(d);
283	283	(41) Section 1072.021(e);
284	284	(42) Section 1072.301(e);
285	285	(43) Section 1073.301(e);
286	286	(44) Section 1073.351(f);
287	287	(45) Section 1076.301(e);
288	288	(46) Sections 1081.301(d) and (f);
289	289	(47) Section 1083.301(d);
290	290	(48) Section 1084.301(e);
291	291	(49) Section 1088.301(e);
292	292	(50) Section 1091.301(e);
293	293	(51) Sections 1094.151(b) and (d);
294	294	(52) Section 1095.117;
295	295	(53) Section 1098.301(e);
296	296	(54) Section 1100.151(d);
297	297	(55) Section 1100.351(d);
298	298	(56) Section 1101.253(d);
299	299	(57) Section 1101.254(g);
300	300	(58) Section 1101.301(d);
301	301	(59) Section 1102.301(f);
302	302	(60) Section 1104.253(d);
303	303	(61) Section 1104.301(e);
304	304	(62) Section 1108.203(d);
305	305	(63) Section 1109.301(e);
306	306	(64) Section 1115.116;
307	307	(65) Section 1116.253(h);
308	308	(66) Section 1116.304(b);
309	309	(67) Section 1116.351(g);
310	310	(68) Section 1120.021(d);
311	311	(69) Section 1120.301(e);
312	312	(70) Section 1121.021(d);
313	313	(71) Section 1121.301(e);
314	314	(72) Section 1122.021(d);
315	315	(73) Section 1122.2521(e);
316	316	(74) Section 1122.301(e);
317	317	(75) Section 3818.107;
318	318	(76) Section 6606.102(b);
319	319	(77) Section 6607.102(b);
320	320	(78) Section 8112.023(b);
321	321	(79) Section 8113.023(b);
322	322	(80) Section 8114.023(b);
323	323	(81) Section 8115.023(b);
324	324	(82) Section 8116.023(b);
325	325	(83) Section 8117.023(b);
326	326	(84) Section 8118.023(b);
327	327	(85) Section 8119.023(b);
328	328	(86) Section 8120.023(b);
329	329	(87) Section 8132.023(c);
330	330	(88) Section 8185.023(b);
331	331	(89) Section 8200.002;
332	332	(90) Section 8201.002;
333	333	(91) Section 8202.002;
334	334	(92) Section 8368.004;
335	335	(93) Section 8852.023(b); and
336	336	(94) Section 8870.006(c).
337	337	(f) The following provisions of the Transportation Code are
338	338	repealed:
339	339	(1) Section 54.004(c); and
340	340	(2) Section 441.030(b).
341	341	(g) The following provisions of the Water Code are repealed:
342	342	(1) Section 51A.007;
343	343	(2) Section 62.1071(g); and
344	344	(3) Section 63.089(b).
345	345	(h) Section 8.01(f), Chapter 670, Acts of the 72nd
346	346	Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's
347	347	Texas Civil Statutes), is repealed.
348	348	SECTION 20. This Act applies only to an election ordered on
349	349	or after the effective date of this Act. An election ordered before
350	350	the effective date of this Act is governed by the law as it existed
351	351	immediately before the effective date of this Act, and that law is
352	352	continued in effect for that purpose.
353	353	SECTION 21. This Act takes effect September 1, 2019.