HBA-MPM C.S.S.B. 35 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 35 By: Shapiro Elections 5/7/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, Texas law has four uniform election dates. The Election Code exempts certain entities from holding their elections on the designated dates, which then establishes the need for more elections to be held each year. C.S.S.B. 35 eliminates several exemptions for certain elections, and establishes the ability to consolidate polling locations through joint elections. 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 Section 41.001, Election Code, as follows: (a) Requires that, except as otherwise provided by this subchapter, each general or special election in this state be held on either the third Saturday in February, rather than January; the first Saturday in May; the third, rather than second Saturday in August; or the first Tuesday after the first Monday in November. (b) Deletes text making Subsection (a) inapplicable to the following: _a local option election held under the Alcoholic Beverage Code; and _an election for the issuance or assumption of bonds or the levy of a tax for the maintenance of a public school or college, if the governing body of the political subdivision issuing or assuming the bonds or levying the tax, by resolution, order, or ordinance, finds that holding the election on a date other than a uniform election date is in the public interest; _an election held by a political subdivision using the convention method of election; and _an election to recall an officer of a political subdivision. (c) Makes no change. (d) Redesignated from existing Subsection (c). Prohibits a general election of officers of a city, school district, junior college district, or hospital district from being held on the February, rather than January, or August uniform date. (e) Prohibits an election for an office in which a majority vote is required from being held on the February uniform election date. SECTION 2. Amends Section 41.0052(a), Election Code, to prohibit the governing body of a political subdivision other than a county from changing the date on which it holds its general election for officers to another authorized uniform date no later than December 31, 1999, rather than 1997. Prohibits an election on the new date from being held before 2000, rather than 1998. SECTION 3. Amends Section 42.002, Election Code, to include a joint election, to the extent provided by Section 42.0621, Election Code, among the elections included in the county election precincts. Includes the exception provided under Section 42.0621, Election Code, among those which apply to county election precincts which may not be consolidated for an election. SECTION 4. Amends Subchapter C, Chapter 42, Election Code, by adding Section 42.0621, as follows: Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) Requires the participating political subdivisions in a joint election to use the regular county precincts in the parts of the political subdivisions containing the same territory. Provides that two or more county election precincts may be consolidated into a single precinct if the polling place is located so that is will adequately serve the voters of the consolidated precinct. (b) Requires each political subdivision participating in a joint election to establish election precincts in the territory of that political subdivision that is not common with territory of another participating subdivision. Authorizes one or more separate precincts to be established in that territory, or that territory's consolidation into one or more precincts established in the common territory. SECTION 5. Amends Subchapter A, Chapter 43, Election Code, by adding Section 43.0051, as follows: Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION. (a) Requires the authorities establishing joint election precincts under Section 42.0621, Election Code, to designate the regular county polling place as the joint election polling place for each regular county election precinct used in the joint election unless the regular county polling place is unavailable, in which case the authorities are required to designate another location. Requires the authorities to designate the location of the polling place for each consolidated district if the county election precincts are consolidated for the joint election. (b) Requires each political subdivision participating in a joint election to designate polling places in the territory of that political subdivision not common with territory of another participating political subdivision. Provides that if the voters of the territory not common to two or more participating political subdivisions can be served adequately and conveniently by a polling place located in the common territory of those political subdivisions, the common polling place may be designated. (c) Provides that a conversation and reclamation district created under Section 59, Article XVI, Texas Constitution, is not required to participate in a joint election required by this section. SECTION 6. Amends Section 271.002, Election Code, as follows: Sec. 271.002. New title: JOINT ELECTIONS REQUIRED. (a) Requires, rather than authorizes, the governing bodies of political subdivisions to enter into an agreement to hold joint elections if the elections ordered by the authorities of two or more political subdivisions are held on the same day in all or part of the same territory. Deletes text stating that the elections are held in the election precincts that can be served by common polling places, subject to Section 271.003 (Location of Common Polling Place, repealed by this Act), Election Code. (b) Requires, rather than authorizes, the commissioners court of a county in which an election ordered by the governor is to be held and the governing bodies of other political subdivisions to enter into an agreement to hold joint elections, if an election ordered by the governor and the elections ordered by the authorities of one or more political subdivisions are to be held on the same day in all or part of the same territory. Makes conforming changes. (c) Provides that the terms of the joint election agreement, including all the decisions necessary for conducting the election in accordance with this chapter, must be stated in an order, resolution, or other official action adopted by the governing body of each political subdivision no later than the 60th day before the general election for state and county officers or before the 40th day before any other election, as applicable. Requires disputed terms to be resolved through an alternative dispute resolution procedure if the governing bodies cannot agree on the terms of the agreement. Requires the secretary of state to prescribe a model joint election agreement and alternative dispute resolution procedure for the use of political subdivisions in implementing this section. Deletes existing text stating that the governing body of any other political subdivision holding an election on the same day in all or part of the same territory in which the joint election is to be held may enter into an agreement to participate in that election with the governing bodies of the political subdivisions holding the election, if another law requires two or more political subdivisions to hold a joint election. (d) Redesignated from existing Subsection (e). (e) Requires the governing body of each political subdivision participating in the joint election to appoint one representative to an election committee, which is required to implement the joint election agreement. Requires the county elections administrator to serve on the committee, if a joint election is held in a county with such an administrator. (f) Provides that a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, is not required to participate in a joint election required by this section. SECTION 7. Amends Section 271.005, Election Code, by adding Subsection (c), as follows: (c) Provides that for a joint election precinct in which an office of the county, state, or federal government is on the ballot, the presiding election judge and alternate presiding judge serving that precinct must be persons normally serving in those positions. Provides that the presiding judge of the early voting ballot board and the chair of a signature verification committee for such a joint election must be persons normally appointed to those positions in the particular election in which the office of the county, state, or federal government is on the ballot. SECTION 8. Amends Section 271.006, Election Code, to delete the requirement that the governing bodies of the political subdivisions participating in a joint election decide whether to conduct their early voting jointly. Deletes the requirement that early voting for a political subdivision be conducted according to Title 7 (Early Voting) if a governing body decides not to participate in the joint early voting, except that the early voting may be conducted at a common polling place. SECTION 9. Amends Subsection (b), Section 49.103, Water Code, to require an election to be held on the uniform election date established by the Election Code, in either February, rather than January, or May of each even-numbered year. SECTION 10. Repealer: Sections 271.003 (Location of Common Polling Place) and 271.014 (Conflicts With Other Law), Election Code. SECTION 11. Makes application of this Act prospective with respect to an election held on the August uniform date in 1999. Makes Section 41.006 (Adjusting Election Schedule), Election Code, applicable to a change in election dates made according to this Act. Makes application of this Act prospective with respect to an election ordered prior to the effective date of this Act and that is described by Section 41.001, Subsection (b), Subdivision (2), (3), (8), or (10). SECTION 12. Effective date: September 1, 1999. SECTION 13. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 35 differs from the original in SECTION 1 as follows: The substitute modifies Section 41.001(a), Election Code, to restore some of the original, codified language to require each general or special election in this state, except as otherwise provided by this subchapter, to be held on either: _the third Saturday in February (the original proposed the second Saturday in February); _the first Saturday in May; _the third Saturday in August (the original proposed the third Saturday in September); or _the first Tuesday after the first Monday in November. The substitute creates Section 41.001(d), Election Code, from the text of Subsection (c), as added by Acts 1997, 75th Legislature, Chapter 1219, Section 3, and amends the text to make conforming changes with respect to Subsection (a). The substitute modifies proposed Section 41.001(e) of the original to prohibit an election for an office in which a majority vote is required from being held on the February uniform election date, rather than the September or February uniform election date. C.S.S.B. 35 differs from the original in SECTION 5 to modify proposed Section 43.0051, Election Code, to add Subsection (c), which provides that a conversation and reclamation district created under Section 59, Article XVI, Texas Constitution, is not required to participate in a joint election required by this section. C.S.S.B. 35 differs from the original in SECTION 6 to modify proposed amendments to Section 271.002, Election Code, of the original, by adding new Subsection (f), which provides that a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, is not required to participate in a joint election required by this section. The substitute adds new SECTION 9. Please see the Section-by-Section Analysis in this document. SECTIONS 10-13 of the substitute are redesignated from SECTIONS 9-12 of the original.