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.