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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of uniform election dates by newly incorporated |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.001(b), Election Code, is amended to |
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read as follows: |
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(b) Subsection (a) does not apply to: |
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(1) a runoff election; |
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(2) an election to resolve a tie vote; |
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(3) an election held under an order of a court or other |
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tribunal; |
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(4) an emergency election ordered under Section |
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41.0011; |
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(5) an expedited election to fill a vacancy in the |
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legislature held under Section 203.013; [or] |
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(6) an election held under a statute that expressly |
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provides that the requirement of Subsection (a) does not apply to |
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the election; or |
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(7) the initial election of the members of the |
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governing body of a newly incorporated city. |
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SECTION 2. Section 41.0052, Election Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) The governing body of a newly incorporated city may, not |
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later than the second anniversary of the date of incorporation, |
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change the date on which it holds its general election for officers |
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to another authorized uniform election date. |
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(d) Not later than September 1, 2012, the governing body of |
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a city that was newly incorporated between January 1, 2007, and |
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September 1, 2011, may change the date on which it holds its general |
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election for officers to another authorized uniform election date. |
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This subsection expires September 1, 2013. |
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SECTION 3. Subchapter A, Chapter 21, Local Government Code, |
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is amended by adding Section 21.005 to read as follows: |
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Sec. 21.005. CHOICE OF UNIFORM ELECTION DATE FOR NEWLY |
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INCORPORATED MUNICIPALITY. Not later than the first anniversary of |
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the date of its incorporation, a newly incorporated municipality |
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shall select a uniform election date under Section 41.001, Election |
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Code, to use for the general election of the members of the |
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municipality's governing body. |
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SECTION 4. This Act takes effect September 1, 2011. |