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                                                                  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