H.B. No. 57
AN ACT
relating to the dates on which elections may be held and certain
procedures involving the uniform election held in May.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.001(a), Election Code, as amended by
Section 1, Chapter 1, Acts of the 78th Legislature, 3rd Called
Session, 2003, is 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 February;
[(2)] the second [first] Saturday in May;
[(3) the second Saturday in September;] or
(2) [(4)] the first Tuesday after the first Monday in
November.
SECTION 2. Section 41.001(b), Election Code, is amended to
read as follows:
(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) [an election for the issuance or assumption of
bonds for any purpose authorized by law relating to public schools
or colleges or the levy of a tax for the maintenance of a public
school or college, if the governing body of the political
subdivision having jurisdiction of the public school or college
issuing or assuming the bonds or levying the tax:
[(A) by resolution, order, or ordinance, finds
that holding the election on a date other than a uniform election
date is in the public interest, which finding is conclusive and
incontestable; and
[(B) the election is the only election of the type
described by this subdivision held by that political subdivision on
a date other than a uniform election date during the state fiscal
biennium;
[(3)] an election to resolve a tie vote;
(3) [(4)] an election held under an order of a court or
other tribunal;
(4) [(5)] an emergency election ordered under Section
41.0011;
(5) [(6)] an expedited election to fill a vacancy in
the legislature held under Section 203.013; or
(6) [(7)] an election held under a statute that
expressly provides that the requirement of Subsection (a) does not
apply to the election.
SECTION 3. Section 41.0052(a), Election Code, as amended by
Chapters 1074 and 1315, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
(a) The governing body of a political subdivision other than
a county may, not later than December 31, 2005 [2004], change the
date on which it holds its general election for officers to another
authorized uniform election date.
SECTION 4. 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 [February] uniform election
date after the effective date of a consolidation order.
SECTION 5. Section 49.103(b), Water Code, is amended to
read as follows:
(b) An election shall be held on the uniform election date,
established by the Election Code, in [either February or] May of
each even-numbered year to elect the appropriate number of
directors.
SECTION 6. Section 56.804(a), Water Code, is amended to
read as follows:
(a) The election shall be held on a uniform election day in
[February or] May.
SECTION 7. Section 67.003, Election Code, is amended to
read as follows:
Sec. 67.003. TIME FOR LOCAL CANVASS. (a) Except as
provided by Subsection (b), each [Each] local canvassing authority
shall convene to conduct the local canvass at the time set by the
canvassing authority's presiding officer not earlier than the
eighth day or later than the 11th day after election day.
(b) For an election held on the uniform election date in
May, the local canvass must occur not later than the 11th day after
election day and not earlier than the later of:
(1) the third day after election day;
(2) the date on which the early voting ballot board has
verified and counted all provisional ballots, if a provisional
ballot has been cast in the election; or
(3) the date on which all timely received ballots cast
from addresses outside of the United States are counted, if a ballot
to be voted by mail in the election was provided to a person outside
of the United States.
SECTION 8. Section 85.001, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) For an election held on the uniform election date in
May, the period for early voting by personal appearance begins on
the 12th day before election day and continues through the fourth
day before election day.
SECTION 9. Sections 41.001(d) and (e), Election Code, are
repealed.
SECTION 10. Not later than December 31, 2005, a political
subdivision that before October 1, 2005, held its general election
for officers on the February or September uniform election date
shall change the election date as permitted by Section 41.0052,
Election Code, as reenacted and amended by Section 3 of this Act, to
a date authorized by Section 41.001, Election Code, as amended by
Section 1 of this Act.
SECTION 11. When used in Section 49.103(e), Water Code, the
phrase "prior statutory enactments" refers to statutory enactments
occurring prior to May 25, 1995.
SECTION 12. This Act applies only to an election ordered on
or after October 1, 2005.
SECTION 13. This Act takes effect October 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 57 was passed by the House on April
19, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 57 on May 23, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 57 was passed by the Senate, with
amendments, on May 20, 2005, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor