Bill Text: TX HB365 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to holding elections on uniform election dates.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2019-04-15 - Left pending in committee [HB365 Detail]

Download: Texas-2019-HB365-Introduced.html
  86R241 SRS-D
 
  By: Cain H.B. No. 365
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to holding elections on uniform election dates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 41.253(b), Education Code, is amended to
  read as follows:
         (b)  The transitional board of trustees shall divide the
  consolidated district into nine single-member trustee districts in
  accordance with the procedures provided by Section 11.052.  The
  transitional board shall order an election for the initial board of
  trustees to be held on the first November  [May] uniform election
  date in an even-numbered year  after the effective date of a
  consolidation order.
         SECTION 2.  Sections 41.001(a) and (b), Election Code, are
  amended to read as follows:
         (a)  Except as otherwise provided by this subchapter, each
  general or special election in this state shall be held on [one of
  the following dates:
               [(1)     the first Saturday in May in an odd-numbered
  year;
               [(2)     the first Saturday in May in an even-numbered
  year, for an election held by a political subdivision other than a
  county; or
               [(3)]  the first Tuesday after the first Monday in
  November in an even-numbered year.
         (b)  Subsection (a) does not apply to:
               (1)  a runoff election;
               (2)  an election to resolve a tie vote;
               (3)  an election held under an order of a court or other
  tribunal;
               (4)  an emergency election ordered under Section
  41.0011;
               (5)  an expedited election to fill a vacancy in the
  legislature held under Section 203.013;
               [(6)   an election held under a statute that expressly
  provides that the requirement of Subsection (a) does not apply to
  the election;] or
               (6) [(7)]  the initial election of the members of the
  governing body of a newly incorporated city.
         SECTION 3.  Subchapter A, Chapter 41, Election Code, is
  amended by adding Section 41.0051 to read as follows:
         Sec. 41.0051.  ELECTION TO ISSUE BONDS. Notwithstanding any
  other law, an election for the issuance of bonds by a political
  subdivision shall be held on the uniform election date in an
  even-numbered year.
         SECTION 4.  Section 41.0052(a), Election Code, is amended to
  read as follows:
         (a)  The governing body of a political subdivision[, other
  than a county or municipal utility district,] that holds its
  general election for officers on a date other than the November
  uniform election date in an even-numbered year shall [may], not
  later than December 31, 2019 [2016], change the date on which it
  holds its general election for officers to the November uniform
  election date in an even-numbered year in a manner that does not
  cause an officer's term to exceed any applicable constitutional
  limits.
         SECTION 5.  Section 43.007(a), Election Code, is amended to
  read as follows:
         (a)  The secretary of state shall implement a program to
  allow each commissioners court participating in the program to
  eliminate county election precinct polling places and establish
  countywide polling places for:
               (1)  each general election for state and county
  officers;
               (2)  [each election held on the uniform election date
  in May and any resulting runoff;
               [(3)]  each election on a proposed constitutional
  amendment;
               (3) [(4)]  each primary election and runoff primary
  election if:
                     (A)  the county chair or county executive
  committee of each political party participating in a joint primary
  election under Section 172.126 agrees to the use of countywide
  polling places; or
                     (B)  the county chair or county executive
  committee of each political party required to nominate candidates
  by primary election agrees to use the same countywide polling
  places; and
               (4) [(5)]  each election of a political subdivision
  located in the county that is held jointly with an election
  described by Subdivision (1), (2), or (3)[, or (4)].
         SECTION 6.  Section 49.103(b), Water Code, is amended to
  read as follows:
         (b)  Unless a district holds its general election for
  officers on a date as otherwise provided by statute, after
  confirmation of a district, an election shall be held on the uniform
  election date, provided by Section 41.001, Election Code, [in May
  of each even-numbered year] to elect the appropriate number of
  directors.
         SECTION 7.  Section 56.804(a), Water Code, is amended to
  read as follows:
         (a)  The election shall be held on the [a] uniform election
  day [in May].
         SECTION 8.  The following laws are repealed:
               (1)  Section 11.0581, Education Code; and
               (2)  Sections 41.001(c) and (d), 41.0052(e),
  41.007(d), 42.002(c), 67.003(b), and 85.001(e), Election Code.
         SECTION 9.  This Act applies 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 10.  This Act takes effect September 1, 2019.
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