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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain municipalities to impose term |
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limits on certain elected officials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 26, Local Government |
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Code, is amended by adding Section 26.048 to read as follows: |
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Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES. (a) |
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This section applies only to a municipality with a population of 1.8 |
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million or more. |
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(b) In this section: |
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(1) "Governing body of a municipality" means the mayor |
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and the council members of the municipality. |
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(2) "Municipal term limit" means a provision in a |
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municipal charter or ordinance that imposes a limit on the number of |
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terms or otherwise restricts the length of service a member of the |
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governing body of a municipality may serve on the governing body or |
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an elected controller of the municipality may serve as a |
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controller. |
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(c) The governing body of a municipality shall order an |
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election in the municipality on the question of imposing term |
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limits of a maximum of two four-year terms on the members of the |
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governing body of the municipality and the controller of the |
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municipality. |
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(d) The ballot at the election must be printed to permit |
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voting for or against the proposition: "Authorizing term limits |
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consisting of not more than two four-year terms on a person's |
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service as the mayor, a council member, or the controller of the |
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City of (insert name of municipality)." |
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(e) If a majority of the votes received at the election |
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favor the proposition, the number and length of terms a person may |
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serve on the governing body or as the controller is limited to a |
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maximum of two four-year terms. The municipality shall amend the |
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municipality's charter or ordinance to adjust the number and length |
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of the terms of the members of the governing body and the controller |
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as necessary to comply with the proposition. |
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(f) If less than a majority of the votes received at the |
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election favor the proposition, municipal term limits and the |
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length of the terms of the members of the governing body and the |
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controller that existed before the election are not affected. |
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(g) A term limit authorized by this section applies only to |
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members of the governing body of a municipality or a controller of a |
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municipality elected at a general election held on or after |
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November 5, 2019. |
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(h) In applying a term limit authorized by this section: |
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(1) a member of the governing body of a municipality or |
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a controller of a municipality is eligible for election to another |
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municipal office that the member of the governing body or |
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controller has not previously held; |
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(2) the office of council member of the municipality, |
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whether elected by district or at-large, is considered to be the |
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same office; |
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(3) a person who was barred from election to a certain |
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office by the municipality's charter or ordinance before November |
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5, 2019, continues to be barred from election to the same office; |
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(4) a member of the governing body or a controller who |
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is serving a first or second term as a member of the governing body |
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or as the controller is eligible for election to serve one |
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additional four-year term in the same office; |
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(5) a member of the governing body or a controller who |
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is serving a third term as a member of the governing body or as the |
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controller is not eligible for election to the same office; |
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(6) a term to which a member of the governing body or a |
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controller was elected or appointed before the election held under |
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Subsection (c) is counted only if the member or controller served |
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one-half or more of the term; and |
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(7) a partial term to which a member of the governing |
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body or a controller is elected or appointed on or after the date of |
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the election held under Subsection (c) is counted only if the member |
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or controller serves one-half or more of the term. |
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(i) This section expires January 1, 2020. |
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SECTION 2. If this Act takes effect immediately, the |
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governing body of a municipality shall order an election as |
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provided by Section 26.048, Local Government Code, as added by this |
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Act, to be held on November 3, 2015. If this Act takes effect |
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September 1, 2015, the governing body shall order an election as |
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provided by that section to be held on November 7, 2017. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |