HBA-SEB H.B. 258 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 258
By: Maxey
Elections
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Election Code provides for four uniform election dates per
year, with exceptions for primary elections and several specific types of
elections such as bond or tax elections for school and community college
districts.  This pattern of frequent elections may cause voter confusion,
frustration, and fatigue.  H.B. 258 reduces the number of dates on which
elections can be held and provides for an evaluation of the use of mail
ballots in elections. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the secretary of state in SECTION 3 of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.001, Election Code, as amended by Section 3,
Chapter 1219, Acts of the 75th Legislature, Regular Session, 1997, and
Section 20, Chapter 1349, Acts of the 75th Legislature, Regular Session,
1997, as follows: 

Sec. 41.001.  UNIFORM ELECTION DATES.  (a)  Deletes the third Saturday in
January and the second Saturday in August as dates for general or special
elections.  Redesignates Subdivision from (4) to (2). 

(b)  Deletes existing text that provides that Subsection (a) does not apply
to a local option election held under the Alcoholic Beverage Code, an
election held under certain conditions for the issuance or assumption of
bonds or taxes for the maintenance of a public school or college, or an
election held by a political subdivision using the convention method of
election.  Redesignates Subdivisions from (4)-(10) to (2) to (7). 

(c)  Deletes the Subsection (c) added by Section 3, Chapter 1219, Acts of
the 75th Legislature, Regular Session, 1997 (regarding the election date
for the general election of officers of a city, school district, junior
college district, or hospital district), and retains the Subsection (c)
added by Section 20, Chapter 1349, Acts of the 75th Legislature, Regular
Session, 1997 (regarding the election date for general primary elections,
runoff primary elections, and general elections of state and county
officers). 

(d)  Requires that an election for the issuance or assumption of bonds by a
political subdivision be held on the first Tuesday after the first Monday
in November, subject to Section 41.0011 (Emergency Requiring Early
Election). 

SECTION 2.  Amends Section 41.0052(a), Election Code, to extend from 1997
to 1999 the final date by which a political subdivision other than a county
may change the date on which it holds its general election for officers to
another uniform election date and extends from 1998 to 2000 the earliest
date at which an election on the new date may be held. 

SECTION 3.  Requires the secretary of state (secretary) to designate the
first election on proposed amendments to the state constitution that occurs
after this Act becomes effective and to allow sufficient time to evaluate
mail ballot elections.  Requires the secretary to adopt rules allowing a
county to conduct a mail ballot election and authorizes the secretary to
modify provisions of the Election Code necessary to allow for the mail
ballot election.  Prohibits the rules from allowing a ballot to be cast
later than the current law provides.  Requires the commissioners court of a
county to decide whether to conduct the election under normal procedures or
to use the mail ballot election described in this section.  Requires the
secretary to both file a report with the governor, lieutenant governor, and
the speaker of the house of representatives that evaluates the use of the
mail ballot election, and to make recommendations regarding the possible
use of mail ballot elections in the future.  

SECTION 4.  Repealer: Section 41.0051, Election Code (General Election in
Certain Coastal Cities). Section 41.0051 currently authorizes coastal Texas
cities that meet specific requirements to hold the general election for
city officers on any Saturday in April in odd-numbered years. 

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.