HBA-MPA H.B. 1765 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1765
By: Maxey
Urban Affairs
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a city is limited to a strict majority voting system for the
election of its governing body. Other voting methods are available: instant
run-off voting, proportional voting, and preferential voting.   H.B. 1765
allows a city, by charter, to elect the members of its governing body by
majority vote or any voting method approved by its citizens.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 26, Local Government Code, by
adding Section 26.0415, to authorize a municipality with a population of
more than 450,000 to provide by charter for the election of the members of
its governing body by any voting method, including the use of majority
voting, cumulative voting, instant run-off voting, proportional voting, or
preferential voting. 

SECTION 2.  Amends Section 275.001, Election Code, to exempt from this
chapter a city over 200,000 in population which adopts a method of voting
under Section 26.0415, Local Government Code. 

SECTION 3.  Provides that this Act takes effect on the date on which the
constitutional amendment proposed by the 76th Legislature, Regular Session,
1999, (HJR 63), relating to restrictions on voting methods for a municipal
governing body takes effect.  If the amendment is not approved by the
voters, this Act has no effect. 

SECTION 4.  Emergency clause.