Bill Text: TX HB1745 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the authority of certain municipalities to impose term limits on the members of their governing bodies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-05-13 - Referred to Intergovernmental Relations [HB1745 Detail]
Download: Texas-2011-HB1745-Comm_Sub.html
| 82R7864 NC-D | ||
| By: Coleman, Alvarado | H.B. No. 1745 | |
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| relating to the authority of certain municipalities to impose term | ||
| limits on the members of their governing bodies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 26, Local Government | ||
| Code, is amended by adding Section 26.048 to read as follows: | ||
| Sec. 26.048. TERM LIMITS IN POPULOUS MUNICIPALITIES. (a) | ||
| This section applies only to a municipality with a population of 1.8 | ||
| million or more. | ||
| (b) In this section: | ||
| (1) "Governing body of a municipality" includes the | ||
| presiding officer of the municipality. | ||
| (2) "Municipal term limit" means a provision in a | ||
| municipal charter or ordinance that imposes a limit on the number of | ||
| terms or otherwise restricts the length of service a member of the | ||
| governing body of a municipality may serve on the governing body. | ||
| (c) The governing body of the municipality shall decide | ||
| whether an election held under this section will authorize term | ||
| limits for members of the governing body of the municipality | ||
| consisting of a maximum of: | ||
| (1) three four-year terms; or | ||
| (2) six two-year terms. | ||
| (d) The presiding officer of a municipality shall order an | ||
| election in the municipality on the first uniform election date in | ||
| November that occurs in an even-numbered year after this section | ||
| becomes applicable to the municipality on the question of imposing | ||
| term limits on the members of the governing body of the | ||
| municipality. | ||
| (e) The ballot at the election must be printed to permit | ||
| voting for or against the proposition: "Authorizing term limits | ||
| consisting of (insert number of terms and length of terms) on a | ||
| person's service on the governing body of the City of (insert name | ||
| of municipality)." | ||
| (f) If a majority of the votes received at the election | ||
| favor the proposition, the number and length of terms a person may | ||
| serve on the governing body is limited as provided in the | ||
| proposition. The municipality shall adjust the length of the terms | ||
| of the members of the governing body as necessary to comply with the | ||
| proposition. | ||
| (g) If less than a majority of the votes received at the | ||
| election favor the proposition, municipal term limits and the | ||
| length of the terms of the members of the governing body that | ||
| existed before the election are not affected. | ||
| (h) In applying a term limit authorized by this section: | ||
| (1) a term to which a member of the governing body was | ||
| elected or appointed before the election held under Subsection (d) | ||
| is counted only if the member served one-half or more of the term; | ||
| and | ||
| (2) a partial term to which a member of the governing | ||
| body is elected or appointed on or after the date of the election | ||
| held under Subsection (d) is counted only if the member serves | ||
| one-half or more of the term. | ||
| (i) This section expires January 1, 2013. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
