87R849 TSS-D
By: Bettencourt S.B. No. 1661
A BILL TO BE ENTITLED
AN ACT
relating to the date on which a city may hold a general election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 41, Election Code, is
amended by adding Section 41.0025 to read as follows:
Sec. 41.0025. GENERAL ELECTION FOR CITY. Notwithstanding
any other law, the governing body of a city shall hold a general
election of the city on the November uniform election date in an
even-numbered year.
SECTION 2. Section 41.005(a), Election Code, is amended to
read as follows:
(a) This section does not apply to a general election of a
city or for county officers.
SECTION 3. Section 41.0052, Election Code, is amended by
adding Subsection (a-1) and amending Subsections (c) and (d) to
read as follows:
(a-1) The governing body of a city that holds a general
election on a date other than the date of the general election for
state and county officers shall, not later than November 1, 2022,
hold its general election in conjunction with the general election
for state and county officers.
(c) A home-rule city may implement the change required
[authorized] by Subsection (a-1) [(a)] or provide for the election
of all members of the governing body at the same election through
the adoption of a resolution. The change contained in the
resolution supersedes a city charter provision that requires a
different general election date or that requires the terms of
members of the governing body to be staggered.
(d) The holdover of a member of a governing body of a city in
accordance with Section 17, Article XVI, Texas Constitution, so
that a term of office conforms [may be conformed] to a new election
date [chosen] under this section does not constitute a vacancy for
purposes of Section 11(b), Article XI, Texas Constitution.
SECTION 4. Section 21.005, Local Government Code, is
amended to read as follows:
Sec. 21.005. [CHOICE OF] UNIFORM ELECTION DATE FOR NEWLY
INCORPORATED MUNICIPALITY. Not later than the first anniversary of
the date of its incorporation, a newly incorporated municipality
shall set its [select a] uniform election date in accordance with
[under] Section 41.0025 [41.001], Election Code, to use for the
general election of the members of the municipality's governing
body.
SECTION 5. Section 22.003, Local Government Code, is
amended to read as follows:
Sec. 22.003. DATE OF MUNICIPAL ELECTION. An election for
officers of the municipality shall be held biennially [annually,
except as otherwise provided by law,] in each ward of the
municipality in accordance with Section 41.0025 [on an authorized
uniform election date as provided by Chapter 41], Election Code.
SECTION 6. Section 23.023(a), Local Government Code, is
amended to read as follows:
(a) After the initial election, the election for the mayor,
aldermen, and marshal shall be held biennially, in accordance with
Section 41.0025 [annually, except as otherwise provided by law, on
an authorized uniform election date as provided by Chapter 41],
Election Code.
SECTION 7. Section 23.025, Local Government Code, is
amended to read as follows:
Sec. 23.025. INITIAL TERM OF OFFICE. The mayor, aldermen,
and marshal elected at the initial election under Section 23.021
hold office until their successors have been duly elected at the
following [annual] municipal election and have qualified.
SECTION 8. Section 23.026, Local Government Code, is
amended to read as follows:
Sec. 23.026. REGULAR TERM OF OFFICE. [(a)] The mayor,
aldermen, and marshal of the municipality are elected for a term of
two years [one year] unless a longer term is established under
[Subsection (b) or under Article XI,] Section 11, Article XI, [of
the] Texas Constitution.
[(b) In lieu of one-year terms of office, the governing body
may provide by ordinance for two-year staggered terms of office for
the mayor and aldermen. If the governing body adopts the ordinance,
the mayor and two aldermen serve for a term of two years. The two
aldermen who serve two-year terms are determined by drawing lots at
the first meeting of the governing body following the annual
municipal election held after the ordinance is adopted. The
remaining aldermen hold office for an initial term of one year.
Thereafter, all members of the governing body serve for a term of
two years.]
SECTION 9. Section 24.023(c), Local Government Code, is
amended to read as follows:
(c) The first regular election must be on an authorized
uniform election date occurring:
(1) in the case of a community incorporating as a Type
C general-law municipality, within two years [one year] after the
expiration of the month in which the incorporation election is
held; or
(2) in the case of a municipality changing to a Type C
general-law municipality, within two years [one year] after the
month in which the election on the change is held.
SECTION 10. Sections 22.034(b) and (c), Local Government
Code, are repealed.
SECTION 11. The changes in law made by this Act apply 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, 2021.