Bill Text: TX HB4160 | 2019-2020 | 86th Legislature | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-15 - Withdrawn from schedule [HB4160 Detail]

Download: Texas-2019-HB4160-Introduced.html
  86R4450 JRJ-D
 
  By: Swanson H.B. No. 4160
 
 
 
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 11.0581(a), Education Code, is amended
  to read as follows:
         (a)  An election for trustees of an independent school
  district shall be held on a uniform election date [the same date as:
               [(1)     the election for the members of the governing
  body of a municipality located in the school district;
               [(2)     the general election for state and county
  officers;
               [(3)     the election for the members of the governing
  body of a hospital district, if the school district:
                     [(A)     is wholly or partly located in a county with
  a population of less than 40,000 that is adjacent to a county with a
  population of more than three million; and
                     [(B)     held its election for trustees jointly with
  the election for the members of the governing body of the hospital
  district before May 2007; or
               [(4)     the election for the members of the governing
  board of a public junior college district in which the school
  district is wholly or partly located].
         SECTION 2.  Section 41.012, Education Code, is amended to
  read as follows:
         Sec. 41.012.  DATE OF ELECTIONS. An election under this
  chapter for voter approval of an agreement entered by the board of
  trustees shall be held on a uniform election date [Tuesday or
  Saturday not more than 45 days after the date of the agreement.
  Section 41.001, Election Code, does not apply to the election].
         SECTION 3.  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 [May] uniform election date after
  the effective date of a consolidation order.
         SECTION 4.  Sections 41.001(a), (b), and (c), 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 Tuesday in March [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
               (2) [(3)]  the first Tuesday after the first Monday in
  November.
         (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)  a special [an] election held under Chapter 203 or
  204 [a statute that expressly provides that the requirement of
  Subsection (a) does not apply to the election]; or
               (7)  the initial election of the members of the
  governing body of a newly incorporated city.
         (c)  Except for an election under Subsection (a) or Section
  41.0011 [or a runoff election following an election held under
  Subsection (a)(2)], an election may not be held within 30 days
  before or after the date of the general election for state and
  county officers, general primary election, or runoff primary
  election.
         SECTION 5.  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 a uniform election date.
         SECTION 6.  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 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.
         SECTION 7.  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 8.  Section 262.005(e), Health and Safety Code, is
  amended to read as follows:
         (e)  [Section 41.001(a), Election Code, requiring an
  election to be held on a uniform election date, does not apply to an
  election under this section.] The ballot shall be printed to
  provide for voting for or against the proposition: "Dissolution of
  the (name of the authority)."
         SECTION 9.  Sections 43.0755(h), (j), and (k), Local
  Government Code, are amended to read as follows:
         (h)  If a majority of the voters voting in an election under
  Subsection (c)(2) or (4) approve the proposition submitted on the
  form of local government, the county judge of the county in which
  the municipality or alternate form of local government is located
  shall order an election for the governing body of the municipality
  or alternate form of local government to be held on a date that
  complies with the provisions of the Election Code[, except that
  Section 41.001(a), Election Code, does not apply].  A municipality
  or alternate form of local government resulting from an election
  described by this subsection is incorporated or established on the
  date a majority of the members of the governing body qualify and
  take office.
         (j)  The temporary governing body under Subsection (i) shall
  order an election to elect the permanent governing body of the
  municipality or alternate form of local government to occur on a
  date that complies with the provisions of the Election Code[,
  except that Section 41.001(a), Election Code, does not apply].
         (k)  An election ordered under Subsection [(h) or] (j) to
  elect members of the governing body of a municipality must be held
  under the applicable provisions of Chapter 22, 23, or 24, to the
  extent consistent with this section.  An election for members of
  the governing body of an alternate form of government must be held
  under the law applicable to that form of government, to the extent
  consistent with this section.
         SECTION 10.  Section 377.021(g), Local Government Code, is
  amended to read as follows:
         (g)  In the order calling the election, the municipality may
  provide for the district boundaries to conform automatically to any
  changes in the boundaries of the portion of the municipality or the
  municipality's extraterritorial jurisdiction included in the
  district, and the election shall be held on a [one of the four]
  uniform election date [dates] under Section 41.001, Election Code.
         SECTION 11.  Section 1012.051(b), Special District Local
  Laws Code, is amended to read as follows:
         (b)  Unless four-year terms are established under Section
  285.081, Health and Safety Code:
               (1)  directors serve staggered two-year terms, with
  three directors elected in even-numbered years and four directors
  elected in odd-numbered years; and
               (2)  a director's election shall be held each year on a
  [the May] uniform election date prescribed by Section 41.001,
  Election Code.
         SECTION 12.  Section 1015.301(c), Special District Local
  Laws Code, is amended to read as follows:
         (c)  The board shall order an election if the board receives
  a petition requesting an election that is signed by at least 10
  percent of the registered voters in the district.  The board shall
  order the election to be held on the first uniform election date
  that allows sufficient time to comply with any requirements of law
  [not later than the 60th day after the date the petition is
  presented to the district].
         SECTION 13.  Section 1025.051, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 1025.051.  BOARD ELECTION; TERM. The district is
  governed by a board of seven directors elected at large by place for
  staggered three-year terms.  A director's election shall be held
  each year on a [the May] uniform election date prescribed by Section
  41.001, Election Code.
         SECTION 14.  Section 1035.051(c), Special District Local
  Laws Code, is amended to read as follows:
         (c)  An election shall be held each year on a [the May]
  uniform election date under Section 41.001, Election Code, to elect
  the appropriate number of directors.
         SECTION 15.  Section 1048.051(b), Special District Local
  Laws Code, is amended to read as follows:
         (b)  Unless four-year terms are established under Section
  285.081, Health and Safety Code:
               (1)  directors serve two-year terms;
               (2)  an election shall be held each year on a [the May]
  uniform election date under Section 41.001, Election Code; and
               (3)  the terms of the directors elected to places one
  through four expire in odd-numbered years and the terms of the
  directors elected to places five through seven expire in
  even-numbered years.
         SECTION 16.  Section 1049.051(c), Special District Local
  Laws Code, is amended to read as follows:
         (c)  An election shall be held each year on a [the May]
  uniform election day prescribed by Section 41.001, Election Code,
  to elect the appropriate number of directors.
         SECTION 17.  Section 1050.051(d), Special District Local
  Laws Code, is amended to read as follows:
         (d)  An election shall be held each year on a [the May]
  uniform election date under Section 41.001, Election Code, to elect
  the appropriate number of at-large directors.
         SECTION 18.  Section 1076.051(c), Special District Local
  Laws Code, is amended to read as follows:
         (c)  Unless four-year terms are established under Section
  285.081, Health and Safety Code:
               (1)  trustees serve two-year terms;
               (2)  trustees who represent odd-numbered precincts and
  the trustee elected at large are elected in odd-numbered years;
               (3)  trustees who represent even-numbered precincts
  are elected in even-numbered years; and
               (4)  a trustee's election shall be held each year on a
  [the May] uniform election date prescribed by Section 41.001,
  Election Code[, or another date authorized by law].
         SECTION 19.  Section 1081.051(b), Special District Local
  Laws Code, is amended to read as follows:
         (b)  Unless four-year terms are established under Section
  285.081, Health and Safety Code:
               (1)  directors serve staggered two-year terms;
               (2)  an election shall be held annually on a [the May]
  uniform election date under Section 41.001, Election Code; and
               (3)  the terms of four directors expire in odd-numbered
  years and the terms of three directors expire in even-numbered
  years.
         SECTION 20.  Section 1083.051(b), Special District Local
  Laws Code, is amended to read as follows:
         (b)  Unless four-year terms are established under Section
  285.081, Health and Safety Code:
               (1)  directors serve staggered two-year terms; and
               (2)  a directors' election shall be held each year on a
  [the May] uniform election date prescribed by Section 41.001,
  Election Code, to elect the appropriate number of directors.
         SECTION 21.  Section 1091.301(c), Special District Local
  Laws Code, is amended to read as follows:
         (c)  The board shall order an election under this section if
  the board receives a petition requesting an election that is signed
  by at least 300 registered district voters according to the most
  recent official list of registered voters.  The board shall order
  [call] the election to be held on the first uniform election date
  that allows sufficient time to comply with any requirements of law
  [not later than the 60th day after the date the petition is
  presented to the district].
         SECTION 22.  Section 1098.051(c), Special District Local
  Laws Code, is amended to read as follows:
         (c)  A directors' election shall be held annually on a [the
  May] uniform election date prescribed by Section 41.001, Election
  Code[, or another date authorized by law].
         SECTION 23.  Section 1101.051(c), Special District Local
  Laws Code, is amended to read as follows:
         (c)  An election shall be held in each even-numbered year on
  a [the May] uniform election date prescribed under Section 41.001,
  Election Code, [or another date authorized by law,] to elect the
  appropriate number of directors.
         SECTION 24.  Section 1102.051(b), Special District Local
  Laws Code, is amended to read as follows:
         (b)  Unless four-year terms are established under Section
  285.081, Health and Safety Code:
               (1)  directors serve two-year terms; and
               (2)  an election shall be held annually on a [the May]
  uniform election date prescribed under Section 41.001, Election
  Code[, or another date authorized by law].
         SECTION 25.  Section 1104.301(c), Special District Local
  Laws Code, is amended to read as follows:
         (c)  If the board receives a petition requesting an election
  that is signed by at least 10 percent of the registered voters of
  the district, according to the most recent official list of
  registered voters, the board shall order an election to be
  held.  The election shall be called on the first uniform election
  date that allows sufficient time to comply with any requirements of
  law [not later than the 60th day after the date the petition is
  presented to the district].
         SECTION 26.  Section 3813.052(a), Special District Local
  Laws Code, is amended to read as follows:
         (a)  The board shall hold an election of directors for
  positions four and five in each even-numbered year on a [the]
  uniform election date [in February] established by Section 41.001,
  Election Code.
         SECTION 27.  Section 3846.052, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 3846.052.  ELECTION OF DIRECTORS. An election to elect
  the appropriate number of directors shall be held on the uniform
  election date [in May] of each even-numbered year as provided by
  Section 41.001(a), Election Code.
         SECTION 28.  Section 8803.054, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8803.054.  ELECTION DATE FOR DIRECTORS. The district
  shall hold an election to elect the appropriate number of directors
  on the uniform election date prescribed by Section 41.001, Election
  Code, in [May of] each even-numbered year.
         SECTION 29.  Section 8805.052(a), Special District Local
  Laws Code, is amended to read as follows:
         (a)  Every second year, the board shall hold an election on a
  [the] uniform election date [in May] provided by Section 41.001,
  Election Code, to elect the appropriate number of directors.
         SECTION 30.  Section 8808.053, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8808.053.  ELECTION DATE. The district shall hold an
  election to elect the appropriate number of directors on a [the]
  uniform election date prescribed by Section 41.001, Election Code,
  in [May of] each even-numbered year.
         SECTION 31.  Section 8822.053, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8822.053.  ELECTION DATE. The district shall hold an
  election to elect the appropriate number of directors on a [the]
  uniform election date prescribed by Section 41.001, Election Code,
  in [May of] each even-numbered year.
         SECTION 32.  Section 8844.104, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8844.104.  ELECTION DATE.  Each odd-numbered year, the
  board shall hold an election in the district on a [the] uniform
  election date [in May] to elect the appropriate number of
  directors.  [Section 41.001(a)(2), Election Code, does not apply
  to the district.]
         SECTION 33.  Section 8850.053, Special District Local Laws
  Code, is amended to read as follows:
         Sec. 8850.053.  ELECTION DATE. The district shall hold an
  election to elect the appropriate number of directors on a [the]
  uniform election date prescribed by Section 41.001, Election Code,
  in [May of] each even-numbered year.
         SECTION 34.  Section 11010.005(h), Special District Local
  Laws Code, is amended to read as follows:
         (h)  If the governing body of the local government, before
  the proposed effective date of the order, receives a petition
  calling for an election on the question of authorizing the addition
  of the local government to the authority as a sponsor that is signed
  by at least 10 percent of the local government's registered voters,
  the governing body shall order a special election on the question.
  [Section 41.001(a), Election Code, does not apply to an election
  ordered under this subsection.]
         SECTION 35.  Section 451.071(f), Transportation Code, is
  amended to read as follows:
         (f)  A referendum on a proposal to expand a system approved
  under this section shall [may] be held on any date specified in
  Section 41.001, Election Code, [or a date chosen by order of the
  board of the authority,] provided that:
               (1)  the referendum is held no earlier than the 62nd day
  after the date of the order; and
               (2)  the proposed expansion involves the addition of
  not more than 12 miles of track to the system.
         SECTION 36.  Section 49.103(b), Water Code, is amended to
  read as follows:
         (b)  After [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 37.  Section 56.804(a), Water Code, is amended to
  read as follows:
         (a)  The election shall be held on a uniform election day [in
  May].
         SECTION 38.  Section 63.089(a), Water Code, is amended to
  read as follows:
         (a)  An election shall be held in the district on the uniform
  election date provided by Section 41.001(a), Election Code [first
  Tuesday after the first Monday in November of each even numbered
  year to elect the three commissioners. However, the commissioners
  may, by adopting an order duly entered on the minutes, determine to
  hold the election on the first Tuesday after the first Monday in
  October of each even numbered year to elect the commissioners
  authorized by law].
         SECTION 39.  Section 65.103(d), Water Code, is amended to
  read as follows:
         (d)  [Notwithstanding Sections 41.001 and 41.003, Election
  Code, the board may hold an election to elect directors on any date
  determined by the board.] The terms of directors must be stated on
  the ballot.
         SECTION 40.  (a) Section 60.032(c), Agriculture Code, is
  repealed.
         (b)  The following provisions of the Election Code are
  repealed:
               (1)  Section 41.001(d);
               (2)  Section 41.0052(e);
               (3)  Section 41.007(d);
               (4)  Section 42.002(c); and
               (5)  Section 85.001(e).
         (c)  The following provisions of the Health and Safety Code
  are repealed:
               (1)  Section 262.032(e);
               (2)  Section 282.122(d);
               (3)  Sections 286.023(g) and (h);
               (4)  Section 286.101(f); and
               (5)  Section 286.102(c).
         (d)  Section 271.004(c), Local Government Code, is repealed.
         (e)  The following provisions of the Special District Local
  Laws Code are repealed:
               (1)  Section 21.055(b);
               (2)  Section 1001.154(f);
               (3)  Section 1001.201(c);
               (4)  Sections 1001.251(b) and (c);
               (5)  Section 1002.201(f);
               (6)  Section 1004.151(f);
               (7)  Section 1004.171(f);
               (8)  Sections 1004.303(f) and (g);
               (9)  Section 1008.151(f);
               (10)  Section 1012.203(b);
               (11)  Section 1012.301(e);
               (12)  Section 1013.301(e);
               (13)  Section 1015.301(e);
               (14)  Section 1018.301(e);
               (15)  Section 1020.351(d);
               (16)  Sections 1023.301(c-1) and (e);
               (17)  Section 1024.253(d);
               (18)  Sections 1025.301(d) and (f);
               (19)  Sections 1027.301(c-1) and (e);
               (20)  Section 1030.301(d);
               (21)  Section 1031.301(e);
               (22)  Section 1032.301(e);
               (23)  Section 1033.301(e);
               (24)  Section 1034.253(d);
               (25)  Section 1035.155(b);
               (26)  Section 1036.401(e);
               (27)  Section 1038.301(e);
               (28)  Section 1039.118;
               (29)  Sections 1043.301(c-1) and (e);
               (30)  Section 1045.253(d);
               (31)  Section 1046.007;
               (32)  Section 1048.301(e);
               (33)  Section 1050.301(e);
               (34)  Section 1052.301(e);
               (35)  Section 1056.301(e);
               (36)  Section 1059.301(e);
               (37)  Section 1062.301(e);
               (38)  Section 1067.301(e);
               (39)  Section 1068.253(f);
               (40)  Section 1069.154(d);
               (41)  Section 1072.021(e);
               (42)  Section 1072.301(e);
               (43)  Section 1073.301(e);
               (44)  Section 1073.351(f);
               (45)  Section 1076.301(e);
               (46)  Sections 1081.301(d) and (f);
               (47)  Section 1083.301(d);
               (48)  Section 1084.301(e);
               (49)  Section 1088.301(e);
               (50)  Section 1091.301(e);
               (51)  Sections 1094.151(b) and (d);
               (52)  Section 1095.117;
               (53)  Section 1098.301(e);
               (54)  Section 1100.151(d);
               (55)  Section 1100.351(d);
               (56)  Section 1101.253(d);
               (57)  Section 1101.254(g);
               (58)  Section 1101.301(d);
               (59)  Section 1102.301(f);
               (60)  Section 1104.253(d);
               (61)  Section 1104.301(e);
               (62)  Section 1108.203(d);
               (63)  Section 1109.301(e);
               (64)  Section 1115.116;
               (65)  Section 1116.253(h);
               (66)  Section 1116.304(b);
               (67)  Section 1116.351(g);
               (68)  Section 1120.021(d);
               (69)  Section 1120.301(e);
               (70)  Section 1121.021(d);
               (71)  Section 1121.301(e);
               (72)  Section 1122.021(d);
               (73)  Section 1122.2521(e);
               (74)  Section 1122.301(e);
               (75)  Section 3818.107;
               (76)  Section 6606.102(b);
               (77)  Section 6607.102(b);
               (78)  Section 8112.023(b);
               (79)  Section 8113.023(b);
               (80)  Section 8114.023(b);
               (81)  Section 8115.023(b);
               (82)  Section 8116.023(b);
               (83)  Section 8117.023(b);
               (84)  Section 8118.023(b);
               (85)  Section 8119.023(b);
               (86)  Section 8120.023(b);
               (87)  Section 8132.023(c);
               (88)  Section 8185.023(b);
               (89)  Section 8200.002;
               (90)  Section 8201.002;
               (91)  Section 8202.002;
               (92)  Section 8368.004;
               (93)  Section 8852.023(b); and
               (94)  Section 8870.006(c).
         (f)  The following provisions of the Transportation Code are
  repealed:
               (1)  Section 54.004(c); and
               (2)  Section 441.030(b).
         (g)  The following provisions of the Water Code are repealed:
               (1)  Section 51A.007;
               (2)  Section 62.1071(g); and
               (3)  Section 63.089(b).
         (h)  Section 8.01(f), Chapter 670, Acts of the 72nd
  Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's
  Texas Civil Statutes), is repealed.
         SECTION 41.  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 42.  This Act takes effect September 1, 2019.
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