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  H.B. No. 2144
 
 
 
 
AN ACT
  relating to the use of uniform election dates by newly incorporated
  municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 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; [or]
               (6)  an election held under 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.
         SECTION 2.  Section 41.0052, Election Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  The governing body of a newly incorporated city may, not
  later than the second anniversary of the date of incorporation,
  change the date on which it holds its general election for officers
  to another authorized uniform election date.
         (d)  Not later than September 1, 2012, the governing body of
  a city that was newly incorporated between January 1, 2007, and
  September 1, 2011, may change the date on which it holds its general
  election for officers to another authorized uniform election date.  
  This subsection expires September 1, 2013.
         SECTION 3.  Subchapter A, Chapter 21, Local Government Code,
  is amended by adding Section 21.005 to read as follows:
         Sec. 21.005.  CHOICE OF UNIFORM ELECTION DATE FOR NEWLY
  INCORPORATED MUNICIPALITY. Not later than the first anniversary of
  the date of its incorporation, a newly incorporated municipality
  shall select a uniform election date under Section 41.001, Election
  Code, to use for the general election of the members of the
  municipality's governing body.
         SECTION 4.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2144 was passed by the House on April
  26, 2011, by the following vote:  Yeas 147, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2144 was passed by the Senate on May
  17, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor