HBA-JEK C.S.S.B. 79 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 79
By: Shapiro
Elections
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires each general or special election in the state to be
held on a uniform election date, but exempts 10 types of elections from
this requirement.  The number of elections held outside of the uniform
election dates has led to confusion in some communities and to speculation
over "turnout burnout" among voters resulting in diminished participation.
C.S.S.B. 79 changes two uniform election dates and decreases the elections
that may be held outside of uniform election dates. 

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. 

ANALYSIS

C.S.S.B. 79 amends the Election, Education, Local Government, and Water
codes to change certain dates on which general or special elections may be
held to the first Saturday in February rather than the third Saturday in
January and the second Saturday in September rather than the second
Saturday in August. The bill deletes provisions that exempt from the
uniform election dates a local option election held under the Alcoholic
Beverage Code, an election held by a political subdivision using the
convention method, an election to recall an officer of a political
subdivision, certain elections for the issuance or assumption of bonds or
the levy of tax for the maintenance of a public school or college, and an
election for the creation of a crime control and prevention district.   

C.S.S.B. 79 prohibits an election for an office in which a majority vote is
required from being held on the February or September uniform election
dates, but specifies that this provision does not apply to an election to
fill a vacancy on a governing body of a municipality with a population of
1.5 million or more.  The bill removes the requirement that a mayor order a
general election for city officers, and requires the governing body of a
political subdivision other than a county to order an election for the
officers of the subdivision.  
EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 79 differs from the original bill by removing the requirement that
the mayor order a general election for city officers.  The substitute
specifies that the prohibition on holding an election on a February or
September uniform election date for an office requiring a majority vote
does not apply to an election to fill a vacancy on a governing body of a
municipality with a population of 1.5 million or more.