Schatzline’s bill making local elections partisan and even-year

The text as introduced · 2,033 words

89R14168 AB-D

By: Schatzline
H.B. No. 4199

A BILL TO BE ENTITLED

AN ACT

relating to requiring the partisan elections of officers for each

political subdivision of this state in even-numbered years.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.055, Education Code, is amended by

adding Subsection (c) to read as follows:

(c) An application filed under this section must state the

political party with which the candidate is aligned or, if the

candidate is not aligned with a party, state that fact.

SECTION 2. Section 11.0581(a), Education Code, is amended

to read as follows:

(a) An election for trustees of an independent school

district shall be held on the same date as the general election for

state and county officers [ :

[ (1) the election for the members of the governing

body of a municipality located in the school district;

[ (2) the general election for state and county

officers;

[ (3) the election for the members of the governing

body of a hospital district, if the school district:

[ (A) is wholly or partly located in a county with

a population of less than 50,000 that is adjacent to a county with a

population of more than three million; and

[ (B) held its election for trustees jointly with

the election for the members of the governing body of the hospital

district before May 2007; or

[ (4) the election for the members of the governing

board of a public junior college district in which the school

district is wholly or partly located ].

SECTION 3. Sections 11.059(a), (b), (c), and (d), Education

Code, are amended to read as follows:

(a) A trustee of an independent school district serves a

term of [ three or ] four years.

(b) [ Elections for trustees with three-year terms shall be

held annually. The terms of one-third of the trustees, or as near

to one-third as possible, expire each year.

[ (c) ] Elections for trustees [ with four-year terms ] shall

be held biennially. The terms of one-half of the trustees, or as

near to one-half as possible, expire every two years.

(c) [ (d) ] A board policy must state the schedule on which

specific terms expire.

SECTION 4. Section 11.065(a), Education Code, is amended to

read as follows:

(a) Sections 11.052(g) and (h) [ and Sections 11.059(a) and

(b) ] do not apply to the board of trustees of a school district if:

(1) the district's central administrative office is

located in a county with a population of more than 2.5 million; and

(2) the district's student enrollment is more than

125,000 and less than 200,000.

SECTION 5. Section 1.005(7), Election Code, is amended to

read as follows:

(7) "General election for state and county officers"

means the general election at which officers of the federal, state,

and county governments , and the officers of each political

subdivision, are elected.

SECTION 6. Section 41.005(b), Election Code, is amended to

read as follows:

(b) If a law outside this code requires the general election

for officers of a political subdivision to be held on a date other

than the date of the general election for state and county officers

[ a uniform election date ], the governing body of the political

subdivision shall set the election date to comply with this

subchapter.

SECTION 7. Section 41.0052(a), Election Code, is amended to

read as follows:

(a) The governing body of a political subdivision[ , other

than a county or municipal utility district, ] that holds its

general election for officers on a date other than the [ November

uniform election ] date of the general election for state and county

officers shall [ may ], not later than December 31, 2025 [ 2016 ],

change the date on which it holds its general election for officers

to that [ the November uniform election ] date.

SECTION 8. Chapter 143, Election Code, is amended by adding

Section 143.0011 to read as follows:

Sec. 143.0011. PARTISAN CANDIDACY REQUIRED. (a) A

candidate must declare a party affiliation to run for a city office.

(b) A candidate's party affiliation must appear on the

ballot next to the candidate's name. The candidate's party

affiliation must be with a political party that has held a primary

election or nominating convention in this state within the five

years immediately preceding the date on which the election for

which the candidate is applying for a place on the ballot is to be

held.

SECTION 9. The heading to Section 143.003, Election Code,

is amended to read as follows:

Sec. 143.003. PARTISAN NOMINATION [ CANDIDACY ] FOR

HOME-RULE CITY OFFICE AUTHORIZED.

SECTION 10. Section 143.004, Election Code, is amended by

adding Subsection (c) to read as follows:

(c) An application must state the political party with which

the candidate is aligned or, if the candidate is not aligned with a

political party with which the candidate may affiliate under

Section 143.0011(b), state that fact.

SECTION 11. Chapter 144, Election Code, is amended by

adding Section 144.0021 to read as follows:

Sec. 144.0021. PARTISAN CANDIDACY REQUIRED. A candidate

must declare a party affiliation to run for office. A candidate's

party affiliation must appear on the ballot next to the candidate's

name. The candidate's party affiliation must be with a political

party that has held a primary election or nominating convention in

this state within the five years immediately preceding the date on

which the election for which the candidate is applying for a place

on the ballot is to be held.

SECTION 12. Section 172.001, Election Code, is amended to

read as follows:

Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. A

[ Except as otherwise provided by this code, a ] political party's

nominees in the general election for offices of state and county

government , [ and ] the United States Congress , and any political

subdivision must be nominated by primary election, held as provided

by this code, if the party's nominee for governor in the most recent

gubernatorial general election received 20 percent or more of the

total number of votes received by all candidates for governor in the

election.

SECTION 13. Section 172.002(a), Election Code, is amended

to read as follows:

(a) A [ Except as otherwise provided by this code, a ]

political party's nominees in the general election for offices of

state and county government , [ and ] the United States Congress , and

any political subdivision may be nominated by primary election,

held as provided by this code, if the party's nominee for governor

in the most recent gubernatorial general election received at least

two percent but less than 20 percent of the total number of votes

received by all candidates for governor in the election.

SECTION 14. Section 172.024(a), Election Code, is amended

to read as follows:

(a) The filing fee for a candidate for nomination in the

general primary election is as follows:

(1) United States senator$5,000

(2) office elected statewide, except United States

senator3,750

(3) United States representative3,125

(4) state senator1,250

(5) state representative750

(6) member, State Board of Education300

(7) chief justice or justice, court of appeals, other

than a justice specified by Subdivision (8)1,875

(8) chief justice or justice of a court of appeals that

serves a court of appeals district in which a county with a

population of more than 1.2 million is wholly or partly

situated2,500

(9) district judge or judge specified by Section

52.092(d) for which this schedule does not otherwise prescribe a

fee1,500

(10) district or criminal district judge of a court in

a judicial district wholly contained in a county with a population

of more than 1.5 million2,500

(11) judge, statutory county court, other than a judge

specified by Subdivision (12)1,500

(12) judge of a statutory county court in a county with

a population of more than 1.5 million2,500

(13) district attorney, criminal district attorney,

or county attorney performing the duties of a district

attorney1,250

(14) county commissioner, district clerk, county

clerk, sheriff, county tax assessor-collector, county treasurer,

or judge, constitutional county court:

(A) county with a population of 200,000 or

more1,250

(B) county with a population of under 200,000750

(15) justice of the peace or constable:

(A) county with a population of 200,000 or

more1,000

(B) county with a population of under 200,000375

(16) county surveyor75

(17) office of the county government for which this

schedule does not otherwise prescribe a fee750

(18) office of a political subdivision other than a

county for which this schedule does not otherwise prescribe a fee 0

SECTION 15. Section 181.032(a), Election Code, is amended

to read as follows:

(a) An application for nomination by a convention must be

filed with:

(1) the state chair, for a statewide , [ or ] district ,

or political subdivision office; or

(2) the county chair, for a county or precinct office.

SECTION 16. Sections 181.061(b) and (c), Election Code, are

amended to read as follows:

(b) A party nominating by convention must make its

nominations for offices of districts and political subdivisions

situated in more than one county at district conventions held on the

second Saturday after the second Tuesday in March. A district

convention consists of delegates selected at the county conventions

held under Subsection (c).

(c) A party nominating by convention must make its

nominations for county and precinct offices and for offices of

districts and political subdivisions not situated in more than one

county at county conventions held on the first Saturday after the

second Tuesday in March. A county convention consists of delegates

selected at precinct conventions held on the second Tuesday in

March in the regular county election precincts.

SECTION 17. Section 22.003, Local Government Code, is

amended to read as follows:

Sec. 22.003. DATE OF MUNICIPAL ELECTION. An election for

officers of the municipality shall be held [ annually, except as

otherwise provided by law, in each ward of the municipality on an

authorized uniform election date ] as provided by Chapter 41,

Election Code.

SECTION 18. The heading to Section 23.023, Local Government

Code, is amended to read as follows:

Sec. 23.023. REGULAR [ ANNUAL ] ELECTION.

SECTION 19. Section 23.023(a), Local Government Code, is

amended to read as follows:

(a) After the initial election, the election for the mayor,

aldermen, and marshal shall be held [ annually, except as otherwise

provided by law, on an authorized uniform election date ] as

provided by Chapter 41, Election Code.

SECTION 20. Section 24.023(c), Local Government Code, is

amended to read as follows:

(c) The first regular election must be on an authorized

uniform election date occurring:

(1) in the case of a community incorporating as a Type

C general-law municipality, within two years [ one year ] after the

expiration of the month in which the incorporation election is

held; or

(2) in the case of a municipality changing to a Type C

general-law municipality, within two years [ one year ] after the

month in which the election on the change is held.

SECTION 21. The following provisions are repealed:

(1) Sections 11.054, 11.059(e), (f), and (g), and

11.065(c), Education Code;

(2) Section 41.0052(a-1), Election Code, as added by

Chapter 985 (S.B. 2620), Acts of the 88th Legislature, Regular

Session, 2023;

(3) Section 41.0052(a-1), Election Code, as added by

Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular

Session, 2023;

(4) Sections 41.0052(e), 52.066, 52.070(e), 143.002,

and 144.002, Election Code;

(5) Section 24.023(d), Local Government Code; and

(6) Section 441.073(a), Transportation Code.

SECTION 22. The change in law made by this Act applies only

to an election ordered on or after the effective date of this Act.

SECTION 23. Except as otherwise provided by this Act, this

Act takes effect January 1, 2026.

SECTION 24. Notwithstanding any other provision of this

Act, this Act takes effect only if the constitutional amendment

proposed by the 89th Legislature, Regular Session, 2025, requiring

each political subdivision of this state to hold its general

election for officers on the date of the general election for state

and county officers is approved by the voters. If that amendment is

not approved by the voters, this Act has no effect.