Texas 2021 - 87th Regular

Texas Senate Bill SB1661 Compare Versions

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

Old	New	Differences
1	1	87R849 TSS-D
2	2	By: Bettencourt S.B. No. 1661
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the date on which a city may hold a general election.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 41, Election Code, is
10	10	amended by adding Section 41.0025 to read as follows:
11	11	Sec. 41.0025. GENERAL ELECTION FOR CITY. Notwithstanding
12	12	any other law, the governing body of a city shall hold a general
13	13	election of the city on the November uniform election date in an
14	14	even-numbered year.
15	15	SECTION 2. Section 41.005(a), Election Code, is amended to
16	16	read as follows:
17	17	(a) This section does not apply to a general election of a
18	18	city or for county officers.
19	19	SECTION 3. Section 41.0052, Election Code, is amended by
20	20	adding Subsection (a-1) and amending Subsections (c) and (d) to
21	21	read as follows:
22	22	(a-1) The governing body of a city that holds a general
23	23	election on a date other than the date of the general election for
24	24	state and county officers shall, not later than November 1, 2022,
25	25	hold its general election in conjunction with the general election
26	26	for state and county officers.
27	27	(c) A home-rule city may implement the change required
28	28	[authorized] by Subsection (a-1) [(a)] or provide for the election
29	29	of all members of the governing body at the same election through
30	30	the adoption of a resolution. The change contained in the
31	31	resolution supersedes a city charter provision that requires a
32	32	different general election date or that requires the terms of
33	33	members of the governing body to be staggered.
34	34	(d) The holdover of a member of a governing body of a city in
35	35	accordance with Section 17, Article XVI, Texas Constitution, so
36	36	that a term of office conforms [may be conformed] to a new election
37	37	date [chosen] under this section does not constitute a vacancy for
38	38	purposes of Section 11(b), Article XI, Texas Constitution.
39	39	SECTION 4. Section 21.005, Local Government Code, is
40	40	amended to read as follows:
41	41	Sec. 21.005. [CHOICE OF] UNIFORM ELECTION DATE FOR NEWLY
42	42	INCORPORATED MUNICIPALITY. Not later than the first anniversary of
43	43	the date of its incorporation, a newly incorporated municipality
44	44	shall set its [select a] uniform election date in accordance with
45	45	[under] Section 41.0025 [41.001], Election Code, to use for the
46	46	general election of the members of the municipality's governing
47	47	body.
48	48	SECTION 5. Section 22.003, Local Government Code, is
49	49	amended to read as follows:
50	50	Sec. 22.003. DATE OF MUNICIPAL ELECTION. An election for
51	51	officers of the municipality shall be held biennially [annually,
52	52	except as otherwise provided by law,] in each ward of the
53	53	municipality in accordance with Section 41.0025 [on an authorized
54	54	uniform election date as provided by Chapter 41], Election Code.
55	55	SECTION 6. Section 23.023(a), Local Government Code, is
56	56	amended to read as follows:
57	57	(a) After the initial election, the election for the mayor,
58	58	aldermen, and marshal shall be held biennially, in accordance with
59	59	Section 41.0025 [annually, except as otherwise provided by law, on
60	60	an authorized uniform election date as provided by Chapter 41],
61	61	Election Code.
62	62	SECTION 7. Section 23.025, Local Government Code, is
63	63	amended to read as follows:
64	64	Sec. 23.025. INITIAL TERM OF OFFICE. The mayor, aldermen,
65	65	and marshal elected at the initial election under Section 23.021
66	66	hold office until their successors have been duly elected at the
67	67	following [annual] municipal election and have qualified.
68	68	SECTION 8. Section 23.026, Local Government Code, is
69	69	amended to read as follows:
70	70	Sec. 23.026. REGULAR TERM OF OFFICE. [(a)] The mayor,
71	71	aldermen, and marshal of the municipality are elected for a term of
72	72	two years [one year] unless a longer term is established under
73	73	[Subsection (b) or under Article XI,] Section 11, Article XI, [of
74	74	the] Texas Constitution.
75	75	[(b) In lieu of one-year terms of office, the governing body
76	76	may provide by ordinance for two-year staggered terms of office for
77	77	the mayor and aldermen. If the governing body adopts the ordinance,
78	78	the mayor and two aldermen serve for a term of two years. The two
79	79	aldermen who serve two-year terms are determined by drawing lots at
80	80	the first meeting of the governing body following the annual
81	81	municipal election held after the ordinance is adopted. The
82	82	remaining aldermen hold office for an initial term of one year.
83	83	Thereafter, all members of the governing body serve for a term of
84	84	two years.]
85	85	SECTION 9. Section 24.023(c), Local Government Code, is
86	86	amended to read as follows:
87	87	(c) The first regular election must be on an authorized
88	88	uniform election date occurring:
89	89	(1) in the case of a community incorporating as a Type
90	90	C general-law municipality, within two years [one year] after the
91	91	expiration of the month in which the incorporation election is
92	92	held; or
93	93	(2) in the case of a municipality changing to a Type C
94	94	general-law municipality, within two years [one year] after the
95	95	month in which the election on the change is held.
96	96	SECTION 10. Sections 22.034(b) and (c), Local Government
97	97	Code, are repealed.
98	98	SECTION 11. The changes in law made by this Act apply only
99	99	to an election ordered on or after the effective date of this Act.
100	100	An election ordered before the effective date of this Act is
101	101	governed by the law as it existed immediately before the effective
102	102	date of this Act, and that law is continued in effect for that
103	103	purpose.
104	104	SECTION 12. This Act takes effect September 1, 2021.