HomeMy WebLinkAboutAgenda CC 07.12.2011 WorkshopNotice of Meeting of the
Governing Body of the
City of Georgetown, Texas
JULY 129 2011
The Georgetown City Council will meet on JULY 12, 2011 at 3:30 P.M. at the Council Chambers at 101 E.
7th Street
If you need accommodations for a disability, please notify the city in advance.
Policy Development/Review Workshop -
A Overview, discussion, and possible action regarding the 2011/12 City Manager's Proposed Budget --
Micki Rundell, Chief Financial Officer
B Presentation and discussion of City Council Meeting Rules and Procedures, Chapter 2.24 of the Code of
Ordinances -- Bridget Chapman, Acting City Attorney
C Presentation and discussion regarding upcoming Building Code review process -- Dave Hall, Building
Official, Director of Inspection Services and Elizabeth Cook, Community Development Director
D Discussion and possible direction to staff regarding Senate Bill 100 -- Jessica Brettle, City Secretary and
Bridget Chapman, Acting City Attorney
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the regular
session.
E Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending litigation that has been filed against the City or contemplated
litigation and other matters on which the attorney has a duty to advise the City Council, including but not
limited to this week's agenda item
r i i
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all
times, on the day of , 2011, at , and remained so posted for at least
72 continuous hours preceding the scheduled time of said meeting.
Jessica Brettle, City Secretary
City of Georgetown, Texas
July 12, 2011
SUBJECT:
Overview, discussion, and possible action regarding the 2011/12 City Manager's Proposed Budget -- Micki
Rundell, Chief Financial Officer
ITEM SUMMARY:
An overview of the proposed City Manager's budget will be provided followed by discussion on items
contained in the proposed budget. Discussion on the 2011 tax rate will also occur, providing direction to staff
to finalized the 2011/12 Annual Budget.
FINANCIAL IMPACT:
A financial overview will be included as part of the discussion.
SUBMITTED BY:
Cover Memo
Item # A
City of Georgetown, Texas
July 12, 2011
SUBJECT:
Presentation and discussion of City Council Meeting Rules and Procedures, Chapter 2.24 of the Code of
Ordinances -- Bridget Chapman, Acting City Attorney
ITEM SUMMARY:
Mayor Garver requested this workshop to review the rules and procedures for council meetings. This
presentation is meant as an overview for new Council members and a refresher course for everyone. There
will also be an opportunity for Council members to ask any questions they may have about procedure and the
rules.
Chapter 2.24 of the Code of Ordinances governs City Council Meeting Rules and Procedures. Generally, it
covers the following topics:
• Types of Meetings
• Agenda
• General Meeting Procedures and Rules
• Conduct
• Voting
In addition to the review of Chapter 2.24, I will include a brief overview of relevant City Charter provisions
as well as of material concerning the Open Meetings Act and communications between council members and
with City Staff.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Bridget Chapman, Acting City Attorney
EVVET496TOWNM
Cover Sheet
Memorandum from. Mayor Garver
Chap 2.24 Code of Ordinances
Cover Memo
Item # B
Attachment number 1
Page 1 of 1
Council Meeting Date: July 12, 2011 Item No.
AGENDA ITEM COVER SHEET
SUBJECT
Presentation and discussion of City Council Meeting Rules and Procedures, Chapter
2.24 of the Code of Ordinances —Bridget Chapman, Acting City Attorney
ITEM SUMMARY:
Mayor Garver requested this workshop to review the rules and procedures for council
meetings. This presentation is meant as an overview for new Council members and a refresher
course for everyone. There will also be an opportunity for Council members to ask any questions
they may have about procedure and the rules.
Chapter 2.24 of the Code of Ordinances governs City Council Meeting Rules and Procedures.
Generally, it covers the following topics:
• Types of Meetings
• Agenda
• General Meeting Procedures and Rules
• Conduct
• Voting
In addition to the review of Chapter 2.24, 1 will include a brief overview of relevant City Charter
provisions as well as of material concerning the Open Meetings Act and communications
between council members and with City Staff.
FINANCIAL IMPACT: N/A
Submitted By:
Bridget Chapman, Acting City Attorney.
Item # B
Attachment number 2
Page 1 of 6
Summary of Ordinances for City Council Meetings 5-28-11
G--G.Fae G, -Garv, r Brettle Jessica, Bridget.Chapman 05/31/201109:52 AM
Paul. Brandenburg, "Shirley Rinn"
This is material I would like for Bridget to present to Council at a work study session on June
14th. This information is important to our operating process. Everything in this document is
currently a part of our City Ordinances. Bidget I will see or call you later to see if you would be
willing to present this material to Council. ggg
To: All members of the City Council
City Manager
Assistant City Manager
City Secretary
Assistant City Secretary
Assistant City Attorney
Date Prepared: May 28,2011
Topic:
Material from Section 2 of the Ordinances for the City of
Georgetown, TX These Sections deals with Ordinances which stipulate the
Administrative processes for the City of Georgetown.
Request:
Please take time to read this material in its entirety. With new council members joining
us perhaps it is time for all of us to review our operating parameters which are governed
by City Ordinances. This material will be formally presented and discussed at a work
study session of Council on June 14th, 2011
Chapter 2.24. City Council Meeting Rules and Procedures
Section 2.24. 0 10 Meetings
Three types of meetings are recognized:
A. Regular Meetings. Regular meetings will be held on the second and
C�
fourth Tuesday nights of each month. The meeting will be held at City
Hall in the Council Chambers commencing at 7:00 p.m., unless otherwise
In
posted. The Council may reschedule or cancel meetings in order to avoid
conflicts, holidays and vacation periods.
B. Workshop Meetings. The purpose of such meetings shall be to
Meetings.
discuss in depth or explore matters of interest to the City, a meeting with
one of the City's appointed committees, or the Council alone may wish to
Item # B
Attachment number 2
Page 2 of 6
explore a matter in detail. The purpose of workshop meetings is to explore
or discuss problems without taking specific action. The general public can,
of course, attend such meetings if they wish, but they may not participate
in the proceedings unless invited to do so. Occasionally, public hearings
may be held at workshop meetings for the convenience of the public.
C. Special Meetings. Special meetings may be called at any time by
the City Secretary upon the request of the Mayor, the City Manager or
three Council members. Notice of special meetings shall be given to all
members of the Council who are not absent from the City; provided,
however, that any member of the Council who did not receive notice of a
special meeting may, either before or after such special meeting is held,
waive such notice. It shall not be necessary to give notice to a
Councilmember of a special meeting held at a time when such
Councilmember is absent from the City, and it shall not be necessary for
such absent Councilmember to waive such notice.
Section 2.24.020 Agenda -Placing Items on the Agenda
The stipulations set forth in this section and Sections 2.24.030 through
2.24.060 relate to the agenda for meetings of the Council:
A. The Mayor, any City Councilmember, or the City Manager may
request an item to be placed on the agenda. Any Councilmember
requesting an agenda item shall be responsible for the preparation of all
appropriate agenda item cover sheet and for presentation of the item at the
meeting. Any necessary staff assistance shall be requested through the City
Manager's office. Agenda items, including any supporting materials to be
included in the agenda packets, must be received by the City Secretary's
office at City Hall by 5:00 p.m. on Tuesday of the week preceding the
meeting at which the item is to be considered.
M
B. Any member of the City staff wishing to have an item placed on the
agenda shall submit that item to the City Manager's office for approval.
The City Manager may establish procedures for submission of routine
items without his approval.
Section 2.24.030. Agenda -Consent Agenda.
Routine matters may be placed on a consent agenda which will be treated
as one agenda item. Each item included on the consent agenda must be
numbered separately and be reasonably explained. Questions and
explanation of consent agenda items will be permitted, but there will be no
general discussion or debate. Council will vote on the consent agenda as
one item: passage of the consent agenda will be passage of each item
Item # B
Attachment number 2
Page 3 of 6
included thereon. Failure to pass the consent agenda will not defeat each
item included thereon, in such event, each item will be considered
individually. Before the consent agenda is voted upon, any item included
shall be removed upon the request of any Councilmember. Any item
removed from the consent agenda upon request will be handled separately
in the same manner as an agenda item.
Section 2.24.040. Agenda -Agenda Packets.
The agenda packets for all regular meetings will be made available to
Council members and for public review at the Georgetown Public Library
at 5:00 p.m. on Friday afternoon preceding the meetings. Incomplete items
contained in the agenda packets are subject to being deferred to the next
regular meeting.
Section 2.24.050. Notice of Meetings.
The agenda for all meetings shall be posted by the City Secretary or his/her
designee on the City's official bulletin board and notice of all meetings
shall be given by the City Secretary pursuant to the requirements of the
Texas Open Meetings Law. (Article 6252-17, V.T.C.S.)
Section 2.24./060. Agenda -Public Notices
The City Secretary's office Will assume responsibility for issuing to
newspapers, radio and television stations a copy of the agenda advising
them that the regular meeting will be held on the following Tuesday night.
Notice of the Council meetings will appear in the news media and on the
City website at least one day before any regular meeting. The City
Secretary's office will also assume the responsibility for compliance Willi
the Open Meetings Act. The agenda for regular Council meetings will, be
provided to the news media and placed on the City website at least 24
hours before the scheduled regular meeting.
Section 2.24.070. Chairperson.
The Mayor, or in his or her absence, the Mayor Pro Tem, shall preside as
Chairperson at all meetings of the Council. In the absence of both the
Mayor and Mayor Pro Tem, the Council shall elect a temporary
Chairperson.
Section 2.24.080. Call to Order.
The meetings of the Council shall be called to order by the Mayor, or in
his or her absence, by the Mayor Pro Tem. In the absence of both the
Mayor and the Mayor Pro Tem, the meeting shall be called to order by the
City Secretary, and a temporary Chairperson shall be elected as provided
in Section 2.24.070.
Section 2.24.090. General Rules -Quorum.
Four Council members plus the Mayor or five Council members shall
constitute a quorum for the transaction of business.
Section 2.24. 100. General Rules -Compelling Attendance.
Item # B
Attachment number 2
Page 4 of 6
Notification should be made to Mayor or City Manager if a Council
member is unable to attend.
Section 2.24.110. General Rules -Right of Floor.
Any member desiring to speak shall be recognized by the Chairperson, and
shall confine his or her remarks to the subject under consideration or to be
considered. No member shall be allowed to speak more than once on any
one subject until every member wishing to speak has spoken.
Section 2.24.120. Parliamentary Procedure.
Any Council member may call for the question of the issue, and upon seconding by
another Council member, the motion for calling the question of the issue shall
immediately be put to vote. Passage of the motion to address the previous question shall
terminate debate on the motion, amendment or amended motion, and the matter shall
move on immediately.
Debatabl
Amendable
A
2/3
Second
e
Majority
Vote
Required
Vote
1
To Adjourn
NO
NO
YES
NO
NO, Unless other
business is pending
2.
To Take a Recess
NO
YES
YES
NO
NO
3.
For the Previous
NO
NO
YES
NO
YES
Question
4.
To Continue to a Time
YES
YES
YES
NO
YES
Certain
1
5.
To Commit, Refer or
YES
YES
YES
NO
YES
Recommit
6.
To Amend
YES
YES
YES
NO
YES
1
T
To Amend an
YES
NO
YES
NO
YES
Amendment
8.
To Offer a Substitute
YES
YES
YES
NO
YES
Amendment
9.
To Amend a Substitute
YES
NO
YES
NO
YES
Amendment
10
To Table
NO
NO
YES
NO
YES
11
Bring From Table
YES
NO
YES
NO
YES
12
Reconsider Prior Action
YES
YES
YES
NO
YES
13
Motion to Suspend Rules
YES
YES
NO
YES
YES
Section 2.24.130. Code of Conduct -Council Members.
During Council meetings, Council members shall preserve order and decorum
and shall, neither by conversation or otherwise, delay or interrupt the proceedings
nor refuse to obey the orders of the Mayor or presiding officer or the rules of the
Council.
Section 2.24.140. Code of Conduct -Citizens.
Item # B
Attachment number
Page oof0
Citizens are welcome and invited toattend all meetings nfthe Council and will be
admitted tothe Council Chamber upbmthe fire safety capacity o[the room.
Citizens wishing toaddress the Council must sign up10speak |naccordance with
the policy ofthe Council concerning citizen participation and general public
comment atpublic meetings. Citizens shall be allowed amaximum ofthree
minutes tospeak, but may take upVJa maximum of six nninuUao, ifanother citizen
who has signed up to speak yields his/her time to that citizen speaker. Persons
who disrupt the meeting may beasked toleave and beremoved.
Sectiom2.24.15O. Decorum and Debate.
A. Nomember shall speak more than five minutes nany subject nr
amendment, which time maybe used inany combination ofseparate speech or
comments totaling five minutes. Council members may yield aportion oftheir
time toanother. The Mayor shall not bnobligated barecognize any
Counci|mamberfor gsecond comment onthe subject oramendment until every
Counni/memberwishing hospeak has been allowed a first comment. Any member
wishing to speak more than five minutes on any question or amendment thereto
shall bepermitted todosowithout objection upon motion supported bymajority
plus one ofthe Council. Nomember shall bapermitted Uzinterrupt another.
B. The Mayor and Council members shall treat each other with dignity,
respect and civility.
C. 0amember isspeaking out ofturn orotherwise transgressing the rules of
the Council, the presiding officer shall, or any Council member may, call him/her
boorder, inwhich case he/she shall immediately refrain from such transgression,
unless permitted toexplain. The Council shall, if appealed to, decide the case
without debate. If the decision is in favor of the member called to order, he/she
may proceed, but not otherwise.
Sechon2.24.1GO. Consideration ofOrdinances, Resolutions and Motion
to Reconsider.
A. Auaffirmative vote of a majority ufthe Council present and qualified 1ovote
is necessary to repeal any ordinance or take any official action in the name of the
City, except asotherwise provided inthe Charter, other City ordinances, orthe
laws ofthe State mfTexas.
EL When planning, and
considering
-_='zoning'development
applications, the failure of a positive motion to receive an affirmative vote by the
required number cf Council members (nn'odk/.f<vote.orsupernlajohty) shall be
deemed to be a denial of the application by the City Council, unless a subsequent
positive motion is affirmatively passed during discussion of the agenda item on
the day of the failed motion, or such subsequent meeting of the City Council, if
the item indeferred for further consideration.
Secbon2.24.17D. Consideration ofOrdinances, Resolutions and
Motions -Voting Required.
A. Nomember shall beexcused from voting, except esprovided in this
Section.
B. Members shall abstain from voting on matters involving the consideration of
his/her own official conduct, or where his/her personal interests are involved. Any
member prohibited from voting by this section shall:
1.File oConflict ofInterest Affidavit With the City Secretary
Attachment number
Page 0of0
stating the nature ofthe conflict;
2. Upon commencement oJconsideration ofthe matter, announce that
he/she is excused from voting on the matter; and
3. Shall not enter into discussion or debate on the matter.
C. Any member who reasonably believes that his/her voting mnamatter would
create anappearance ofimpropriety shall beexcused from voting. Such member
shall state publicly the reason(s) she/he believes voting would be improper.
D. Any Councilmemberexcused from voting shall be treated as
if that member was absent.
Section 2.24,18O. Consideration ofOrdinances, Resolutions and
Motions -Motion to Reconsider.
When a question has once been determined by the Council, the same question shall not
again beconsidered until 8Ddays thereafter, and then only bvmotion Loreconsider made
by a member who voted with the prevailing side of such question and in accordance with
Sechom2.24'O2O.
Sechon2.24.18O. Suspension ofRules.
Any one mrall ofthe provisions nfthis chapter may basuspended byevote of amajority
plus one of the members of the Council present, except such provisions that embody
provisions ofthe Charter, identically orsubstantially.
Seotion2.14. Boards and Commissions and Committees.
The Council shall have the power boestablish boards, commissions and committees to
assist itincarrying out its duties inaccordance with State law.
Members ofsuch bodies shall berecommended bvthe Mayor and appointed byavote of
thomajority of the Council in open meeting unless otherwise provided by law. Should the
Mayor fail torecommend and/or the Council fail koappoint the nlembar/s\recommended
bythe Mayor, amajority ofdleCounn||p|usonemaynnakethe appViOtnngnUs)without e
recommendation ofthe Mayor.
This information has been retrieved and prepared bvGeorge Garver. Atthe request ofthe Mayor the
Assistant City Attorney will present this information to Council on 6-14-2011 in a work study session. ggg
`
'
Sec. 2.24.020. - A —Placing items on the agenda.
genda
Sec. 2.24.050. - Agenda —Notice of meetings.
Sec. 2.24.090. - General rules —Quorum.
Sec. 2.24.110. - General rules —Right of floor.
Sec. 2,24,120. - Parliamentary procedure.
� \
/ SecSec. 2.24.150. - Decorum and debate.
/ - Consideration of resolutions and motions —Motion to Sec. 2.24.170. - Consideration of ordinances, resolutions and motions—Votina reauired,
Sec. 2.24.180. - Consideration of ordinances, resolutions and motions —Motion to reconsider.
�
Sec. 2.24'018-- Meetings. �
� .
| � Three types ofmeetings are recognized: �
� A. Regular Meetings. Regular meetings will beheld onthe second and fourth Tuesday nights cfeach �
! month. The meeting will be held at City Hall in the Council Chambers commencing at 7:00 p.m., '
� unless otherwise posted. The Council may reschedule orcancel meetings inorder b,avoid conflicts,
holidays and vacation periods.
B. Workshop Meetings. The purpose of such meetings shall be to discuss in depth or explore matters of
. interest $othe City, ameeting with one ofthe Cdy's appointed committees, orthe Council alone may
� wish to explore a matter in detail. The purpose of workshop meetings is to explore or discuss
problems without taking specific action. The general public can, of course, attend such meetings if '
they wish, but they may not participate in the proceedings unless invited to do so. Occasionally,
� public hearings may be held at workshop meetings for the convenience of the public, �
C. Special Meetings. Special meetings may be called at any time by the City Secretary upon the �
' request of the Mayor, the City Manager or three Councilmembers. Notice of special meetings shall �
/
. begiven hnall members cfthe Council who are not absent from the City; provided, however, that any �
member of the Council who did not receive notice of a special meeting may, either before or after �
. such special meeting is held, waive such notice. It shall not be necessary to give notice to a !
' Counci|membercf aspecial meeting held atatime when such Counui|memborisabsent from the
' . City, and it shall not be necessary for such absent Councilmember to waive such notice. �
|.
(Oni890458§2/tV
i _
Page 2 of 5
Sec. 2.24'O2O'-Agenda—Placing items omthe agenda.
� |
The stipulations set forth imthis section and Sections 2.24,030thmuQh 2.24,060 relate to the agenda for '
meetings ufthe Council:
A. The Mayor, any City Councilmember, or the City Manager may request an item to be placed on the ' (
agenda. Any Councilmember requesting an agenda item shall be responsible for the preparation of '
� an appropdate agenda item cover sheet and for presentation of the item at the meeting. Any �
! � necessary staff assistance shall be requested through the City Manager's office. Agenda items,
/ including any supporting materials to be included in the agenda packets, must be received by the �
City Secretary's office at City Hall by5:OOp.m.onTuesday ofthe week preceding the meeting at '
which the item isbobeconsidered.
| B. Any member ofthe City staff wishing tuhave anitem placed onthe agenda shall submit that item bo �
the City Manager's office for approval, The City Manager may establish procedures for submission of
� . routine items without his approval.
(Ond2[00-3G§ 2,Ord. 8Q0459§2(2) (part) (A))
` -'-'-----'---------------' ' '--'--------'--
� Sec. 2'24.030.-Agenda—Consent agenda. '
Routine matters may be placed on a consent agenda which will be treated as one agenda item, Each item !
included onthe consent agenda must benumbered separately and bereasonably explained. Questions and �
explanation ufconsent agenda items will bepermitted, but there will benogeneral discussion mrdebate. Counci| �
will vote on the consent agenda as one item; passage of the consent agenda will be passage of each item �
included thereon. Failure to pass the consent agenda will not defeat each item included thereon, in such event, /
� each item will be considered individually. Before the consent agenda is voted upon, any item included shall be �
� . removed upon the request of any Councilmember. Any item removed from the consent agenda upon request will
� bahandled separately inthe same manner emonagenda item.
(Ord. 880458§ 2 (2)(B)/ �
'
Sec. 2.24.Q4D.-Agenda—Agenda packets.
The agenda packets for all regular meetings will be made available to Councilmembers and for public
review at the Georgetown Public Library at 5:00 p.m. on Friday afternoon preceding the meetings. Incomplete `
items contained in the agenda packets are subject to being deferred to the next regular meeting.
/On�Nz200O'��2�n�8Q0458�2pU(�V �
' '- '-
-
Theagenda fonaUmeetimQssho|beposhadbytheCUySecretaryorhis/hnrdemigoeaonUhaCd)(snffioia|
bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the
Texas Open Meetings Law. (Article G252-17,\lT.C.Sj
(Ood.89D458�2py�� �
Sec. 2.24.Q80.~Agenda—Public nobces.
The City Secretary's office will assume responsibilty for issuing to newspapers, radio and television stations
a copy of the agenda advising them that the regular meeting will be held on the following Tuesday night. Notice of
the Council meetings will appear inthe news media and onthe City websitast least one day before any regular
meeting. The City Secretary's office will also assume the responsibility for compliance with the Open Meetings Act. �
The agenda for regular Council meetings will be provided to the news media and placed on the City website at |
least 24hours before the scheduled regular meeting. .
(8nd.No. 2000-47,#2,��Ord, 890458§2(2)(E))
Sen. 2,24.070. ~Chairpersnn.
The Mayor, or in his orher absence, the Mayor Pro Temshall preside as Chairperson at all meetings of
theOouniiIn the absence ofboth the ��yorand Mayor Pro Tam.the Council shall ek��atemporary
Chairperson. �
Item # B
Muiiicode
http://library.mu.nicode.corfi/print.aspx?clientIDmL-i;$WFaWHTbffiigrAuest..
Page 3 of 5
(Ord. No, 2000-47, § 2; Ord, 690456 § 2 (3)(A))
Sec. 2.24.080. - Call to order.
The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor
Pro Tem. In the absence of both the Mayor and the Mayor Pro Tem, the meeting shall be called to order by the
City Secretary, and a temporary Chairperson shall be elected as provided in Section 2.24.070.
(Ord. No. 2000-47, § 2; Ord. 890458 § 2 (3)(B))
Sec. 2.24.090. - General rules —Quorum.
Four Councilmembers plus the Mayor or five Councilmembers shall constitute a quorum for the transaction
of business.
(Ord. No. 2000-47, § 2; Ord. 890458 § 2 (4)(A))
Sec. 2.24.100. - General rules —Compelling attendance.
Notification should be made to Mayor or City Manager if a Councilmember is unable to attend.
(Ord, No. 2000-47, § 2; Ord. 690458 § 2 (4)(B))
See. 2.24.110. - General rules —Right of floor.
Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks
to the subject under consideration or to be considered. No member shall be allowed to speak more than once on
any one subject until every member wishing to speak has spoken.
(Ord. 890458 § 2 (4)(Q)
Sec. 2.24.120. - Parliamentary procedure.
Any Councilmember may call for the question of the issue, and upon seconding by another Councilmember,
the motion for calling the question of the issue shall immediately be put to vote. Passage of the motion to address
the previous question shall terminate debate on the motion, amendment or amended motion, and thematter shall
move on immediately.
Table 2.24.120
PARLIAMENTARY QUESTIONS, MOTIONS AND THEIR PRECEDENCE
Debatable
Amendable
A Majority
2/3 Vote
Second
Vote
Required
1.
To Adjourn
NO
NO
YES
NO
NO, Unless
other
business is
pending
2.
To Take a Recess
NO
YES
YES
NO
NO
3.
For the Previous Question
NO
NO
YES
NO
YES
4.
To Continue to a Time
YES
YES
YES
NO
YES
Certain
5.
To Commit, Refer or
YES
YES
YES
NO
YES
Recommit
6.
To Amend
YES
YES
YES
NO
YES
7.
To Amend an Amendment
YES
NO
YES
NO
YES
8.
o Offer a Substitute
YES
---------
ES
NO
YES
mendment
_rES
�Y
I
I
Item # B
3 of 5 06/07/2011 3:10 PM
'
Page 4 of 5
9.
To Amend a Substitute
Amendment
YES
NO
YES
NO
YES
10.
To Table
NO
NO
YES
NO
YES
11.
BrinR From Table
YES
NO
YES
NO
YES
.1 31Motion
to Suspend Ru es
IYES . .... IYES
IND
:=t7ES
IYES
� |
/Dnd.No. 2OO�47, _2,Ord. OgQ458 2 (5)/
� Sec. 2.24.13O.-Code of ! �
conduct—Councilmembers.
/
During Council meetings, CounoUmember shall preserve order and decorum and shall, neither by !
� conversation orotherwise, delay orinterrupt the proceedings nor refuse toobey the orders cfthe Mayor or | �
presiding officer orthe rules cfthe Council. �
/Oo�090458g2(�(�/
Sec2.24.140. - Code of conduct —Citizens.
' Citizens are welcome and invited to atte����������e�������Om�|
! |
! Chamber uphmthe fire safety capacity ofthe room. Citizens wishing toaddress the Council must sign mptospeak ' |
in accordance with the policy of the Council concerning citizen participation and general public comment at public !
meetings. Citizens ahll be allowed a maximum of three minutes to speak, but may take up to a maximum of six �
� minutes, if another citizen who has signed up to speak yields his/her time to that citizen speaker. Persons who �
disrupt the meeting may be asked to leave and be removed.
�
(Ond.Nu2ODC�4����[kd88D4�8�2(�0�/ ` (
----- -' -'-' -'---_-'_-- �
Sec. �24.15l-Decorum and debate,
A. No member shall speak more than five rninutesnany subject or amendment������u���� `
. �
combination of separate speech or comments totaling five minutes. Councilmembers may yield a portion of �
their time to another. The Mayor shall not be obligated to recognize any Councilmember for a second �
comment on the subject or amendment until every Councilmember wishing to speak has been allowed a �
first comment. Any member wishing to speak more than five minutes on any question or amendment thereto |
{
shall be permitted to do so without objection upon motion supported by majority plus one of the Council. No !
member shall bepermitted 0ointerrupt another. �
B. The Mayor and Councilmembers shall treat each other with dignity, respect and civility. �
C. |[amember inspeaking out ofturn orotherwise transgressing the rules ofthe Council, the presiding officer
shall, or any Councilmember may, call himther to order, in which case he/she shall immediately refrain from �
such transgression, unless permitted to explain. The Council shall, is appealed to, decide the case without
debate. If the decision is in favor of the member called to order, he/she may proceed, but not otherwise. �
(On±No- 2OU0-47,02,Ord. 8g045Og2/7V
Sec. 2.24'168'-Consideration ofordinances, resolutions and motions —Motion to
reconsider. �
A. An affirmative vote ofomajority of the Council present and qualified to vote is necessary to repeal any �
ordinance ortake any official action inthe name ofthe City, except asotherwise provided inthe Charter, �
other City ordinances, orthe laws ofthe State ofTexas. �
B. When considering planning, zoning and development applications, the failure of a positive motion to receive �
an affirmative vote by the required number of Councilmembers (majority, % vote, or supermajority) shall be �
deemed to be a denial of the application by the City Council, unless a subsequent positive motion is /
affirmatively passed during discussion of the agenda item on the day of the failed motion, or such �
subsequent meeting ofthe City Council, if the item iodeferred for further consideration, �
(Ord.No. ���51, § 2; Ord, 2000-4702) �
Edtor!snote- Ord. 2000-47 § 2,adopted Sept. 2�2000, amended §224.Y6Uin its entirety to read as herein set out, �
Formerly, 0224Y60pertained /oconsideration o/ordinances, resolutions and motions— majority vote required, and
derived from Ord, 8SD456, 2(8)(a).
'
Item # B
4of5 06/07/20113: 10yM
Municode
http://library,municode.com/print.aspx?clientIfAtiA,A&IAT&V&t%uesL..
Page 5 of 5
Sec. 2.24.170. - Consideration of ordinances, resolutions and motions —Voting required.
A. No member shall be excused from voting, except as provided in this Section.
B. Members shall abstain from voting on matters involving the consideration of his/her own official conduct, or
where his/her personal interests are involved. Any member prohibited from voting by this section shall.•
1. File a Conflict of Interest Affidavit with the City Secretary stating the nature of the conflict;
2. Upon commencement of consideration of the matter, announce that he/she is excused from voting on
the matter; and
3. Shall not enter into discussion or debate on the matter.
C. Any member who reasonably believes that his/her voting on a matter would create an appearance of
impropriety shall be excused from voting. Such member shall state publicly the reason(s) she/he believes
voting would be improper.
D, Any Councilmember excused from voting shall be treated as if that member was absent.
(Ord. No. 2000-47, § 2, Ord 690458 § 2 (8)(B))
Sec. 2.24.180. - Consideration of ordinances, resolutions and motions —Motion to
reconsider.
When a question has once been determined by the Council, the same question shall not again be
considered until 90 days thereafter, and then only by motion to reconsider made by a member who voted with the
prevailing side of such question and in accordance with Section 2.24.020.
(Ord. No. 2000-47, § 2; Ord. 890458 § 2(8)(D))
Editor's note— Ord. No. 2000-47, § 2, adopted September 26, 2000, did not specifically repeal § 2 24. 180; however, at
the direction of the city attorney, said section has been removed. Formerly, § 2.24. 180 pertained to the consideration of
ordinances, resolutions and motions —abstention, and derived from Ord. 890458 § 2(8)(C). Subsequently, §§ 2.24. 190
and 2.24,200 has been renumbered as ff 2 24. 180 and 2.24.190. The historical notation has been retained for reference
purposes.
Sec. 2.24.190. - Suspension of rules.
Any one or all of the provisions of this chapter may be suspended by a vote of a majority plus one of the
members of the Council present, except such provisions that embody provisions of the Charter, identically or
substantially.
(Ord. No. 2000-47, § 2; Ord. 890458 § 2(9))
Editor's note-- See note at § 2 24.180
Item # B
5 of 5 06/07/20113:10 PM
City of Georgetown, Texas
July 12, 2011
SUBJECT:
Presentation and discussion regarding upcoming Building Code review process -- Dave Hall, Building
Official, Director of Inspection Services and Elizabeth Cook, Community Development Director
ITEM SUMMARY:
The Building Official will provide a brief overview of the public review process to be conducted before the
Building Standards Commission of the latest editions of the 2012 Building Codes package before a proposed
ordinance is brought forward to the City Council for adoption.
FINANCIAL IMPACT:
None at this time.
SUBMITTED BY:
Dave Hall, Building Official, Director of Inspection Services and Elizabeth Cook, Community Development
Director
Cover Memo
Item # C
City of Georgetown, Texas
July 12, 2011
SUBJECT:
Discussion and possible direction to staff regarding Senate Bill 100 -- Jessica Brettle, City Secretary and
Bridget Chapman, Acting City Attorney
ITEM SUMMARY:
Please see attached for a full version of Senate Bill 100 as well as Secretary of State Election Advisory 2011-
09 regarding the implementation of the bill.
FINANCIAL IMPACT:
SUBMITTED BY:
Jessica Brettle, City Secretary and Bridget Chapman, Acting City Attorney
EVIVET496TUMONM
Secretary of State Election Advisory 201.1-09
Senate Bill 100
SB 100 Bill Analysis
Cover Memo
Item # D
Attachment number I
Page 1 of 34
S.B. No. 100
1 AN ACT
2 relating to the adoption of certain voting procedures and to
3 certain elections, including procedures necessary to implement the
4 federal Military and Overseas Voter Empowerment Act, deadlines for
5 declaration of candidacy and dates for certain elections, and to
6 terms of certain elected officials.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8 SECTION 1. Chapter 101, Election Code, is amended to read as
9 follows:
10 CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT
11 SUBCHAPTER A. GENERAL PROVISIONS
12 Sec. 101.001. ELIGIBILITY. A person is eligible for early
13 voting by mail as provided by this chapter if:
14 (1) the person is qualified to vote in this state or,
15 if not registered to vote in this state, would be qualified if
16 registered; and
17 (2) the person is:
18 (A) a member of the armed forces of the United
19 States, or the spouse or a dependent of a member;
20 (B) a member of the merchant marine of the United
21 States, or the spouse or a dependent of a member; or
22 (C) domiciled in this state but temporarily
23 living outside the territorial limits of the United States and the
24 District of Columbia.
1
Item # D
S.B. No. 100
Attachment number 1
Page 2 of 34
1 Sec. 101.002. GENERAL CONDUCT OF VOTING. Voting under this
2 chapter shall be conducted and the results shall be processed as
3 provided by Subtitle A for early voting by mail, except as otherwise
4 provided by this chapter.
5 Sec. 101.003. DEFINITIONS. PQRM ANP CONTENTS OF
6 APPaT:GATIQN. (a) An be ;xe#ed 4-4RE4e3�
7 #144:s el4apte,-
8 [(1) be e4q ap pes#G-
9 aj9J914ea#4eR 9E)�-FR,- and
10 [ ( 2 ) 4� 14 e 4: a P-1 e #- 7A e -i 4q -4E A- 4-C pq A- p Reeessar-Y #- A- -i 4q P-1 -4 e e
ll #14a# #14e aPjq!j:Gan# 4:s ;Epr- ;04Aic-l; #4;tQ.
12 -is
13 � 1 In this chapter:
14 (1) "Federal[, 29e4e3cal] postcard application" means
15 an application for a ballot to be voted under this chapter submitted
16 on the official federal form prescribed under the federal Uniformed
17 and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff
18 et seq. ) .
19 (2) "FPCA registrant" means a person registered to
20 vote under Section 101.055.
21 Sec. 101.004. NOTING FPCA REGISTRATION ON POLL LIST. For
22 each FPCA registrant accepted to vote, a notation shall be made
23 beside the voter's name on the early voting poll list indicating
24 that the voter is an FPCA registrant.
25 Sec. 101.005. NOTING FPCA REGISTRATION AND E-MAIL ON EARLY
26 VOTING ROSTER. The entry on the early voting roster pertaining to a
27 voter under this chapter who is an FPCA registrant must include a
W,
Item # D
S.B. No. 100
Attachment number 1
Page 3 of 34
1 notation indicating that the voter is an FPCA registrant. The early
2 voting clerk shall note on the early voting by mail roster each
3 e-mail of a ballot under Subchapter C.
4 Sec. 101.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY
5 VOTING LIST. A person to whom a ballot is provided under this
6 chapter is not required to be included on the precinct early voting
7 list if the person is an FPCA registrant.
8 Sec. 101.007. DESIGNATION OF SECRETARY OF STATE. (a) The
9 secretary of state is designated as the state office to provide
10 information regarding voter registration procedures and absentee
11 ballot procedures, including procedures related to the federal
12 write-in absentee ballot, to be used by persons eligible to vote
13 under the federal Uniformed and Overseas Citizens Absentee Voting
14 Act (42 U.S.C. Section 1973ff et seg.).
15 (b) The secretary of state is designated as the state
16 coordinator between military and overseas voters and countv
17 election officials. A county election official shall:
18 (1) cooperate with the secretary of state to ensure
19 that military and overseas voters timely receive accurate balloting
20 materials that a voter is able to cast in time for the election; and
21 (2) otherwise comply with the federal Military and
22 Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V,
23 Subt. H).
24 (c) The secretary of state may adopt rules as necessary to
25 implement this section.
26 Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The
27 secretary of state, in coordination with local election officials,
M
Item # D
S.B. No. 100
Attachment number 1
Page 4 of 34
1 shall implement an electronic free -access system by which a person
2 eligible for early voting by mail under this chapter or Chapter 114
3 may determine by telephone, by e-mail, or over the Internet
4 whether:
5 (1) the person's federal postcard application or other
6 registration or ballot application has been received and accepted;
7 and
8 (2) the person's ballot has been received and the
9 current status of the ballot.
10 SUBCHAPTER B. SUBMISSION OF FEDERAL POSTCARD APPLICATION
11 Sec. 101.051. FORM AND CONTENTS OF APPLICATION. An
12 application for a ballot to be voted under this subchapter must:
13 (1) be submitted on an official federal postcard
14 application form; and
15 (2) include the information necessary to indicate that
16 the applicant is eligible to vote in the election for which the
17 ballot is requested.
18 Sec. 101.052 [191.9941. SUBMITTING APPLICATION. (a) A
19 federal postcard application must be submitted to the early voting
20 clerk for the election who serves the election precinct of the
21 applicant's residence.
22 (a-1) A federal postcard application must be submitted by:
23 (1) mail; or
24 (2) electronic transmission of an image of the
25 application under procedures prescribed by the secretary of state.
26 (b) A federal postcard application may be submitted at any
27 time during the calendar year in which the election for which a
11
Item # D
S.B. No. 100
Attachment number 1
Page 5 of 34
1 ballot is requested occurs, but not later than the deadline for
2 submitting a regular application for a ballot to be voted by mail.
3 (c) A federal postcard application requesting a ballot for
4 an election to be held in January or February may be submitted in
5 the preceding calendar year but not earlier than the earliest date
6 for submitting a regular application for a ballot to be voted by
7 mail.
8 (d) A timely application that is addressed to the wrong
9 early voting clerk shall be forwarded to the proper early voting
10 clerk not later than the day after the date it is received by the
11 wrong clerk.
12 (e) An applicant who otherwise complies with applicable
13 requirements is entitled to receive a full ballot to be voted by
14 mail under this chapter if:
15 (1) the applicant submits a federal postcard
16 application to the early voting clerk on or before the 20th day
17 before election day; and
18 (2) the application contains the information that is
19 required for registration under Title 2.
20 (f ) The applicant is entitled to receive only a federal
21 ballot to be voted by mail under Chapter 114 if:
22 (1) the applicant submits the federal postcard
23 application to the early voting clerk after the date provided by
24 Subsection (e) (1) and before the sixth day before election day; and
25 (2) the application contains the information that is
26 required for registration under Title 2.
27 (g) An applicant who submits a federal postcard application
I
Item # D
S.B. No. 100
Attachment number 1
Page 6 of 34
1 to the early voting clerk on or after the sixth day before election
2 day is not entitled to receive a ballot by mail for that election.
3 (h) If the applicant submits the federal postcard
4 application within the time prescribed by Subsection (f)(1) and is
5 a registered voter at the address contained on the application, the
6 applicant is entitled to receive a full ballot to be voted by mail
7 under this chapter.
8 (i) Except as provided by Subsections (1) and (m), for
9 purposes of determining the date a federal postcard application is
10 submitted to the early voting clerk, an application is considered
11 to be submitted on the date it is placed and properly addressed in
12 the United States mail. An application mailed from an Army/Air
13 Force Post Office (APO) or Fleet Post Office (FPO) is considered
14 placed in the United States mail. The date indicated by the post
15 office cancellation mark, including a United States military post
16 office cancellation mark, is considered to be the date the
17 application was placed in the mail unless proven otherwise. For
18 purposes of an application made under Subsection (e):
19 (1) an application that does not contain a
20 cancellation mark is considered to be timely if it is received by
21 the early voting clerk on or before the 15th day before election
22 day; and
23 (2) if the 20th day before the date of an election is a
24 Saturday, Sunday, or legal state or national holiday, an
25 application is considered to be timely if it is submitted to the
26 early voting clerk on or before the next regular business day.
27 (j ) If the early voting clerk determines that an application
M.
Item # D
S.B. No. 100
Attachment number 1
Page 7 of 34
1 that is submitted before the time prescribed by Subsection (e)(1)
2 does not contain the information that is required for registration
3 under Title 2, the clerk shall notify the applicant of that fact.
4 If the applicant has provided a telephone number or an address for
5 receiving mail over the Internet, the clerk shall notify the
6 applicant by that medium.
7 (k) If the applicant submits the missing information before
8 the time prescribed by Subsection (e) (1), the applicant is entitled
9 to receive a full ballot to be voted by mail under this chapter. If
10 the applicant submits the missing information after the time
11 prescribed by Subsection (e)(1), the applicant is entitled to
12 receive a full ballot to be voted by mail for the next election that
13 occurs:
14 (1) in the same calendar year; and
15 (2)- after the 30th day after the date the information
16 is submitted.
17 (1) For purposes of determining the end of the period that
18 an application may be submitted under Subsection (f)(1), an
19 application is considered to be submitted at the time it is received
20 by the early voting clerk.
21 (m) The secretary of state by rule shall establish the date
22 on which a federal postcard application is considered to be
23 electronically submitted to the early voting clerk.
24 Sec. 101.053 [4Q1 P9441. ACTION BY EARLY VOTING CLERK ON
25 CERTAIN APPLICATIONS. The early voting clerk shall notify the
26 voter registrar of a federal postcard application submitted by an
27 applicant that states a voting residence address located outside
7
Item # D
S.B. No. 100
Attachment number 1
Page 8 of 34
1 the registrar's county.
2 Sec. 101.054 [1��;]. APPLYING FOR MORE THAN ONE ELECTION
3 IN SAME APPLICATION. (a) A person may apply with a single federal
4 postcard application for a ballot for any one or more elections in
5 which the early voting clerk to whom the application is submitted
6 conducts early voting.
7 (b) An application that does not identify the election for
8 which a ballot is requested shall be treated as if it requests a
9 ballot for:
10 (1) each general election in which the clerk conducts
11 early voting; and
12 (2) the general primary election if the application
13 indicates party preference and is submitted to the early voting
14 clerk for the primary.
15 (c) An application shall be treated as if it requests a
16 ballot for [s
17 [44�] a runoff election that results from an election
18 for which a ballot is requested[
19 [(2) ea G 14 e-e�iei34-E R-�- a €ea 4: G9 94Ee-,4:RGI;R44:149—a
21
23 (d) An application requesting a ballot for more than one
24 election shall be preserved for the period for preserving the
25 precinct election records for the last election for which the
26 application is effective.
27 Sec. 101.055 [181-96]. FPCA VOTER REGISTRATION. (a) The
Item # D
S.B. No. 100
Attachment number 1
Page 9 of 34
1 submission of a federal postcard application that complies with the
2 applicable requirements by an unregistered applicant constitutes
3 registration by the applicant:
4 (1) for the purpose of voting in the election for which
5 a ballot is requested; and
6 (2) under Title 2 unless the person indicates on the
7 application that the person is residing outside the United States
8 indefinitely.
9 (b) For purposes of registering to vote under this chapter,
10 a person shall provide the address of the last place of residence of
11 the person in this state or the last place of residence in this
12 state of the person's parent or legal guardian.
13 (c) The registrar shall register the person at the address
14 provided under Subsection (b) unless that address no longer is
15 recognized as a residential address, in which event the registrar
16 shall assign the person to an address under procedures prescribed
17 by the secretary of state [1FReans
18 a pe,-sen r-eEjm�s#e,�e4 #e vp#p �;;;dp;r #7hi P; spr-,#:�enl
19 Sec. 101.056 METHOD OF PROVIDING BALLOT;
20 REQUIRED ADDRESS. (a) The balloting materials provided under this
21 subchapter [G4aj9#e,-] shall be airmailed to the voter free of United
22 States postage, as provided by the federal Uniformed and Overseas
23 Citizens Absentee Voting Act (42 U.S.C. Section 1973f f et seq.), in
24 an envelope labeled "Official Election Balloting Material via
25 Airmail." The secretary of state shall provide early voting clerks
26 with instructions on compliance with this subsection.
27 (b) The address to which the balloting materials are sent to
01
Item # D
S.B. No. 100
Attachment number 1
Page 10 of 34
1 a voter must be:
2 (1) an address outside the county of the voter's
3 residence; or
4 (2) an address in the United States for forwarding or
5 delivery to the voter at a location outside the United States.
6 (c) If the address to which the balloting materials are to
7 be sent is within the county served by the early voting clerk, the
8 federal postcard application must indicate that the balloting
9 materials will be forwarded or delivered to the voter at a location
10
outside the
United States.
11
Sec.
101.057 [4Pq Q92].
RETURN OF VOTED BALLOT. A ballot
12
voted under
this subchapter [e4ajqte,-]
may be returned to the early
13
voting clerk by mail, common or
contract carrier, or courier.
14
[ S e e
I Q Q Q P- 14Q-TINQ FP9A
REGISTRATION ON POLL LIST. Fer,.
.
-I . .
15
aeeepte4
te ;,zete, a be m_ad__(Q_
4�eg4:s#3�an#
16
ems—#1qe
ea3aly ;,ze#4:nq
pell
17
;.xe#e-r-
-is -;; PP9A
18
e e. .
I Q I . Q I Q . P;GTT-A;G
r-P9A REQISTRATIGN ON EART=4 VOTING
19
;4&STEP. T14e
t;4e
;,zet4wng te ;; ;;P#LQ;P
ent3ay en ea,-4:y
r-es#e3a pe,-#a4:n4:nGj
20
#Ig-is Glqaf)#er-
;414c; ;RP 4-2-PC-A
-is
21
#4;-.:;# #-!Ae
PP(;A
22
P-PC-A -PR�I"—E-P
23
EART-* WQTING
A te
jqexsen
24
4:s
#-14e
e4ajqm�e4�
net
jq,-eG4!RGt eaxly 4e#
25
-I-is# -i;-E #-Iqp-
jqe�sen 4:s an F-P(;A
26
Sec.
101.058
OFFICIAL CARRIER ENVELOPE. The
27
officially
prescribed carrier
envelope for voting under this
10
Item # D
S.B. No. 100
Attachment number 1
Page 11 of 34
1 subchapter [e14ajqte,-] shall be prepared so that it can be mailed free
2 of United States postage, as provided by the federal Uniformed and
3 Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et
4 sea. ) [Feel^-,' Wet4mng As-s4mstanee Aug 49551 , and must contain the
5 label prescribed by Section 101.056(a) for the
6 envelope in which the balloting materials are sent to a voter. The
7 secretary of state shall provide early voting clerks with
8 instructions on compliance with this section.
9 SUBCHAPTER C. E-MAIL TRANSMISSION OF BALLOTING MATERIALS
10 Sec. 101.101. PURPOSE. The purpose of this subchapter is to
11 implement the federal Military and Overseas Voter Empowerment Act
12 (Pub. L. No. 111-84, Div. A, Title V, Subt. H) .
13 Sec. 101.102. REQUEST FOR BALLOTING MATERIALS. (a) A
14 person eligible to vote under this chapter may request from the
15 appropriate early voting clerk e-mail transmission of balloting
16 materials under this subchapter.
17 (b) The early voting clerk shall grant a request made under
18 this section for the e-mail transmission of balloting materials if:
19 (1) the requestor has submitted a valid federal
20 postcard application and:
21 (A) if the requestor is a person described by
22 Section 101.001(2) (C) , has provided a current mailing address that
23 is located outside the United States; or
24 (B) if the requestor is a person described by
25 Section 101.001(2)(A) or (B), has provided a current mailing
26 address that is located outside the reauestor's county of
27 residence;
11
Item # D
S.B. No. 100
Attachment number 1
1 (2) the requestor provides an e-mail address: Page 12 of 34
2 (A) that corresponds to the address on file with
3 the requestor's federal postcard application; or
4 (B) stated on a newly submitted federal postcard
5 application;
6 (3) the request is submitted on or before the seventh
7 day before the date of the election; and
8 (4) a marked ballot for the election from the
9 reauestor has not been received by the early voting clerk.
10 Sec. 101.103. CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail
11 address used under this subchapter to request balloting materials
12 is confidential and does not constitute public information for
13 purposes of Chapter 552, Government Code. An early voting clerk
14 shall ensure that a voter's e-mail address provided under this
15 subchapter is excluded from public disclosure.
16 Sec. 101.104. ELECTIONS COVERED. The e-mail transmission
17
18
19
20
21
,of balloting materials under this subchapter is limited to:
(1) an election in which an office of the federal
government appears on the ballot, including a primary election;
(2) an election to fill a vacancv in the legislature
22 (A) the election is ordered as an emergency
23 election under Section 41.0011; or
24 (B) the election is held as an expedited election
25 under Section 203.013; or
26 (3) an election held jointly with an election
27 described by Subdivision (1) or (2)
12
Item # D
S.B. No. 100
Attachment number 1
Page 13 of 34
1 Sec. 101.105. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
2 Balloting materials to be sent by e-mail under this subchapter
3 include-
4 (1) the appropriate ballot;
5 (2) ballot instructions, including instructions that
6 inform a voter that the ballot must be returned by mail to be
7 counted;
8 (3) instructions prescribed by the secretary of state
10 (A) how to print a return envelope from the
11 federal Voting Assistance Program website; and
12 (B) how to create a carrier envelope or signature
13 sheet for the ballot; and
14 (4) a list of certified write-in candidates, if
15 applicable.
16 Sec. 101.106. METHODS OF TRANSMISSION TO VOTER. (a) The
17 balloting materials may be provided by e-mail to the voter in PDF
18 format, through a scanned format, or by any other method of
19 electronic transmission authorized by the secretary of state in
20 writing.
21 (b) The secretary of state shall prescribe procedures for
22 the retransmission of balloting materials following an
23 unsuccessful transmission of the materials to a voter.
24 Sec. 101.107. RETURN OF BALLOT. (a) A voter described by
25 Section 101.001(2)(A) or (B) must be voting from outside the
26 voter's county of residence. A voter described by Section
27 101.001(2)(C) must be voting from outside the United States.
13
Item # D
S.B. No. 100
Attachment number 1
Page 14 of 34
1 (b) A voter who receives a ballot under this subchapter must
2 return the ballot in the same manner as required under Section
3 101.057 and, except as provided by Chapter 105, may not return the
4 ballot by electronic transmission.
5 (c) A ballot that is not returned as required by Subsection
6 (b) is considered a ballot not timely returned and is not sent to
7 the early voting ballot board for processing.
8 (d) The deadline for the return of a ballot under this
9 section is the same deadline as provided in Section 86.007.
10 Sec. 101.108. TRACKING OF BALLOTING MATERIALS. The
11 secretary of state by rule shall create a tracking system under
12 which an FPCA registrant may determine whether a voted ballot has
13 been received by the early voting clerk. Each county that sends
14 ballots to FPCA registrants shall provide information required by
15 the secretary of state to implement the system.
16 Sec. 101.109. RULES. (a) The secretary of state may adopt
17 rules as necessary to implement this subchapter.
18 (b) The secretary of state may provide for an alternate
19 secure method of electronic ballot transmission under this
20 subchapter instead of transmission by e-mail
21 -P&R-I4NATIQN Q—' 8;_; C-IRETAR`- QP ISTAT9 T 4;
22
23
24 ballet
25 r ram- gib se4qtee—ba4= 19t, t e be rkse 4 by i9e,-se n se4 9 4:b let —,P #
26
27 A e # (4P-# seq.), as aFaezae d ] .
14
Item # D
S.B. No. 100
Attachment number 1
P 15 of 34
e 1 SECTION 2. Section 2.025, Election Code, is amended by
2 amending Subsection (a) and adding Subsection (d) to read as
3 follows:
4 (a) Except as provided by Subsection (d) or as otherwise
5 provided by this code, a runoff election shall be held not earlier
6 than the 20th or later than the 45th day after the date the final
7 canvass of the main election is completed.
8 (d) A runoff election for a special election to fill a
9 vacancy in Congress or a special election to fill a vacancy in the
10 legislature to which Section 101.104 applies shall be held not
11 earlier than the 70th day or later than the 77th day after the date
12 the final canvass of the main election is completed.
13 SECTION 3. Subsection (c) , Section 3.005, Election Code, is
14 amended to read as follows:
15 (c) For an election to be held on:
16 (1) the date of the general election for state and
17 county officers, the election shall be ordered not later than the
18 78th [W0414] day before election day; and
19 (2) a uniform election date other than the date of the
20 general election for state and county officers, the election shall
21 be ordered not later than the 71st day before election day.
22 SECTION 4. Section 41.001, Election Code, is amended by
23 amending Subsection (a) and adding Subsection (d) to read as
24 follows:
25 (a) Except as otherwise provided by this subchapter, each
26 general or special election in this state shall be held on one of
27 the following dates:
15
Item # D
S.B. No. 100
Attachment number 1
Page 16 of 34
(1) the second Saturday in May in an odd -numbered
2 year;
3 (2) the second Saturday in May in an even -numbered
4 year, for an election held by a political subdivision other than a
5 county; or
6 (3) [4-241 the first Tuesday after the first Monday in
7 November.
8 (d) Notwithstanding Section 31.093, a county elections
9 administrator is not required to enter into a contract to furnish
10 election services for an election held on the date described by
11 Subsection (a)(2).
12 SECTION 5. Section 41.0052, Election Code, is amended to
13 read as follows:
14 Sec. 41.0052. CHANGING GENERAL ELECTION DATE. (a)-_[` e
15 lqe4y 99 a qe44#4:ea1 s;9b4i;xi P;i A;; P#�A,-r #Ipan a Gean#y R4ay,
16 ;; e #- I e -r- #- Iq re P- e P4 19 e 3� 2 9 9 9 , e 14 a n Ej e #- 4e 4- -@ #- e e 14 -i C_-. 1:, -i #- 14 e 14-
17 4:#e qe,�al e-f-;E-iee33s #e ane#iAe;-i�
18 eIeetze4q date.
19 [ (a- 1) 1 The governing body of a political subdivision,
20 other than a county, that holds its general election for officers on
21 a date other than the November uniform election date may, not later
22 than December 31, 2012 [;2Qq8] , change the date on which it holds its
23 general election for officers to the November uniform election
24 date.
25 (b) A governing body changing an election date under this
26 section shall adjust the terms of office to conform to the new
27 election date.
16
Item # D
S.B. No. 100
Attachment number 1
Page 17 of 34
1 (c) A home -rule city may implement the change authorized by
2 Subsection (a) or provide for the election of all members of the
3 governing body at the same election through the adoption of a
4 resolution. The change contained in the resolution supersedes a
5 city charter provision that requires a different general election
6 date or that requires the terms of members of the governing body to
7 be staggered.
8 (d) The holdover of a member of a governing body of a city in
9 accordance with Section 17, Article XVI, Texas Constitution, so
10 that a term of office may be conformed to a new election date chosen
11 under this section does not constitute a vacancy for purposes of
12 Section 11(b), Article XI, Texas Constitution.
13 SECTION 6. Subsection (b), Section 41.007, Election Code,
14 is amended to read as follows:
15 (b) The runoff primary election date is the fourth Tuesday
16 in May [sew—'F;es4ay ^ p-,-- ] following the general primary
17 election.
18 SECTION 7. Section 65.051, Election Code, is amended by
19 adding Subsection (c) to read as follows:
20 (c) Section 1.006 does not apply to this section.
21 SECTION 8. Subsection (b), Section 86.004, Election Code,
22 is amended to read as follows:
23 (b) For an election to which Section 101.104 applies [- e
24 gene*a! f6;-* s#-;;#-Pa;4ee�anty ef 44�4� s], the balloting
25 materials for a voter who indicates on the application for a ballot
26 to be voted by mail or the federal postcard application that the
27 voter is eligible to vote early by mail as a consequence of the
17
Item # D
S.B. No. 100
Attachment number 1
Page 18 of 34
1 voter's being outside the United States shall be mailed on or before
2 the later of the 45th day before election day or the seventh
3 calendar day after the date the clerk receives the application.
4 However, if it is not possible to mail the ballots by the deadline
5 of the 45th day before election day, the clerk shall notify the
6 secretary of state within 24 hours of knowing that the deadline will
7 not be met. The secretary of state shall monitor the situation and
8 advise the clerk, who shall mail the ballots as soon as possible in
9 accordance with the secretary of state's guidelines.
10 SECTION 9. Subsection (b), Section 86.011, Election Code,
11 is amended to read as follows:
12 (b) If the return is timely, the clerk shall enclose the
13 carrier envelope and the voter's early voting ballot application in
14 a jacket envelope. The clerk shall also include in the jacket
15 envelope:
16 (1) a copy of the voter's federal postcard application
17 if the ballot is voted under Chapter 101; and
18 (2) the signature cover sheet, if the ballot is voted
19 under Chapter 105.
20 SECTION 10. Subchapter B, Chapter 87, Election Code, is
21 amended by adding Section 87.0223 to read as follows:
22 Sec. 87.0223. TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR
23 MAIL AND E-MAIL. (a) If the early voting clerk has provided a
24 voter a ballot to be voted by mail by both regular mail and e-mail
25 under Subchapter C, Chapter 101, the clerk may not deliver a jacket
26 envelope containing the early voting ballot voted by mail by the
27 voter to the board until:
M.
Item # D
S.B. No. 100
Attachment number 1
1 (1) both ballots are returned; or Page 19 of 34
2 (2) the deadline for returning marked ballots under
3 Section 86.007 has passed.
4 (b) If both the ballot provided by regular mail and the
5 ballot provided by e-mail are returned before the deadline, the
6 early voting clerk shall deliver only the jacket envelope
7 containing the ballot provided by e-mail to the board. The ballot
8 provided by regular mail is considered to be a ballot not timely
9 returned.
10 SECTION 11. Section 87.041, Election Code, is amended by
11 adding Subsection (f) to read as follows:
12 (f) In making the determination under Subsection (b)(2) for
13 a ballot cast under Chapter 101 or 105, the board shall compare the
14 signature on the carrier envelope or signature cover sheet with the
15 signature of the voter on the federal postcard application.
16 SECTION 12. Section 87.043, Election Code, is amended by
17 amending Subsection (a) and adding Subsection (d) to read as
18 follows:
19 (a) The early voting ballot board shall place the carrier
20 envelopes containing rejected ballots in an envelope and shall seal
21 the envelope. More than one envelope may be used if necessary. The
22 board shall keep a record of the number of rejected ballots in each
23 envelope.
24 (d) A notation must be made on the carrier envelope of any
25 ballot that was rejected after the carrier envelope was opened and
26 include the reason the envelope was opened and the ballot was
27 rejected.
19
Item # D
S.B. No. 100
Attachment number 1
Page 20 of 34
1 SECTION 13. Section 87.0431, Election Code, is amended to
2 read as follows:
3 Sec. 87.0431. NOTICE OF REJECTED BALLOT. Not later than the
4 10th day after election day, the presiding judge of the early voting
5 ballot board shall deliver written notice of the reason for the
6 rejection of a ballot to the voter at the residence address on the
7 ballot application. If the ballot was transmitted to the voter by
8 e-mail under Subchapter C, Chapter 101, the presiding judge shall
9 also provide the notice to the e-mail address to which the ballot
10 was sent.
11 SECTION 14. Subsection (a), Section 87.044, Election Code,
12 is amended to read as follows:
13 (a) The early voting ballot board shall place each
14 application for a ballot voted by mail in its corresponding jacket
15 envelope. For a ballot voted under Chapter 101 or 105, the board
16 shall also place the copy of the voter's federal postcard
17 application or signature cover sheet in the same location as the
18 carrier envelope. If the voter's ballot was accepted, the board
19 shall also place the carrier envelope in the jacket envelope.
20 However, if the jacket envelope is to be used in a subsequent
21 election, the carrier envelope shall be retained elsewhere.
22 SECTION 15. Section 105.003, Election Code, is amended to
23 read as follows:
24 Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
25 ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall
26 prescribe procedures to allow a voter who qualifies to vote by a
27 federal write-in absentee ballot to vote through use of a federal
20
Item # D
S.B. No. 100
Attachment number 1
1 write-in absentee ballot in: Page 21 of 34
2 (1) any general, special, primary, or runoff election
3 for federal office; or
4 (2) an election for any office for which balloting
5 materials may be sent under Section 101. 104.
6 SECTION 16. Subsection (b) , Section 142.010, Election Code,
7 is amended to read as follows:
8 (b) Not later than the 68th day before general
9 election day, the certifying authority shall deliver the
10 certification to the authority responsible for having the official
11 ballot prepared in each county in which the candidate's name is to
12 appear on the ballot.
13 SECTION 17. Subsection (c) , Section 143.007, Election Code,
14 is amended to read as follows:
15 (c) For an election to be held on:
16 (1) the date of the general election for state and
17 county officers, the day of the filing deadline is the 78th [WQ#14]
18 day before election day, and
19 (2) a uniform election date other than the date of the
20 general election for state and county officers, the day of the
21 filing deadline is the 71st day before election day.
22 SECTION 18. Subsection (d) , Section 144.005, Election Code,
23 is amended to read as follows:
24 (d) For an election to be held on:
25 (1) the date of the general election for state and
26 county officers, the day of the filing deadline is the 78th [79#141
27 day before election day... and
21
Item # D
S.B. No. 100
Attachment number 1
Page 22 of 34
1 (2) a uniform election date other than the date of the
2 general election for state and county officers, the day of the
3 filing deadline is the 71st day before election day.
4 SECTION 19. Subsection (b), Section 144.006, Election Code,
5 is amended to read as follows:
6 (b) For an election to be held on:
7 (1) the date of the general election for state and
8 county officers, the day of the filing deadline is the 78th []
9 day before election day; and
10 (2) a uniform election date other than the date of the
11 general election for state and county officers, the day of the
12 filing deadline is the 71st day before election day.
13 SECTION 20. Subsection (e), Section 145.037, Election Code,
14 is amended to read as follows:
15 (e) The certification must be delivered not later than 5
16 p.m. of the 71st [] day before election day.
17 SECTION 21. Subsection (b), Section 145.038, Election Code,
18 is amended to read as follows:
19 (b) The state chair must deliver the certification of the
20 replacement nominee not later than 5 p.m. of the 69th [] day
21 before election day.
22 SECTION 22. Subsection (f), Section 145.092, Election Code,
23 is amended to read as follows:
24 (f) A candidate in an election for which the filing deadline
25 for an application for a place on the ballot is not later than 5 p.m.
26 of the 78th day before election day may not withdraw from the
27 election after 5 p.m. of the 71st [q] day before election day.
22
Item # D
S.B. No. 100
Attachment number 1
Page 23 of 34
1 SECTION 23. Subsection (a) , Section 145.094, Election Code,
2 is amended to read as follows:
3 (a) The name of a candidate shall be omitted from the ballot
4 if the candidate:
5 (1) dies before the second day before the date of the
6 deadline for filing the candidate's application for a place on the
7 ballot;
8 (2) withdraws or is declared ineligible before 5 p.m.
9 of the second day before the beginning of early voting by personal
10 appearance, in an election subject to Section 145. 092 (a) ;
11 (3) withdraws or is declared ineligible before 5 p.m.
12 of the 53rd day before election day, in an election subject to
13 Section 145.092(b); or
14 (4) withdraws or is declared ineligible before 5 p.m.
15 of the 71st [raW#14] day before election day, in an election subject
16 to Section 145.092(f).
17 SECTION 24. Subsection (a) , Section 145.096, Election Code,
18 is amended to read as follows:
19 (a) Except as provided by Subsection (b) , a candidate's name
20 shall be placed on the ballot if the candidate:
21 (1) dies on or after the second day before the deadline
22 for filing the candidate's application for a place on the ballot;
23 (2) is declared ineligible after 5 p.m. of the second
24 day before the beginning of early voting by personal appearance, in
25 an election subject to Section 145. 092 (a) ;
26 (3) is declared ineligible after 5 p.m. of the 53rd day
27 before election day, in an election subject to Section 145. 092 (b) ;
23
Item # D
S.B. No. 100
Attachment number 1
Page 24 of 34
1 or
2 (4) is declared ineligible after 5 p.m. of the 71st
3 day before election day, in an election subject to Section
4 145.092(f).
5 SECTION 25. Subsections (a) and (b), Section 146.025,
6 Election Code, are amended to read as follows:
7 (a) A declaration of write-in candidacy must be filed not
8 later than 5 p.m. of the 78th day before general election
9 day, except as otherwise provided by this code. A declaration may
10 not be filed earlier than the 30th day before the date of the
11 regular filing deadline.
12 (b) If a candidate whose name is to appear on the general
13 election ballot dies or is declared ineligible after the third day
14 before the date of the filing deadline prescribed by Subsection
15 (a), a declaration of write-in candidacy for the office sought by
16 the deceased or ineligible candidate may be filed not later than 5
17 p.m. of the 75th day before election day.
18 SECTION 26. Subsection (c) , Section 146.029, Election Code,
19 is amended to read as follows:
20 (c) Not later than the 68th [6;2Pd] day before election day,
21 the certifying authority shall deliver the certification to the
22 authority responsible for having the official ballot prepared in
23 each county in which the office sought by the candidate is to be
24 voted on.
25 SECTION 27. Subsection (b) , Section 146.054, Election Code,
26 is amended to read as follows:
27 (b) For an election to be held on:
24
Item # D
S.B. No. 100
Attachment number 1
Page 25 of 34
1 (1) the date of the general election for state and
2 county officers, the day of the filing deadline is the 74th [W
3 day before election day; and
4 (2) a uniform election date other than the date of the
5 general election for state and county officers, the day of the
6 filing deadline is the 71st day before election day.
7 SECTION 28. Subsection (b), Section 161.008, Election Code,
8 is amended to read as follows:
9 (b) Not later than the 68th [] day before general
10 election day, the secretary of state shall deliver the
11 certification to the authority responsible for having the official
12 general election ballot prepared in each county in which the
13 candidate's name is to appear on the ballot.
14 SECTION 29. Subsection (a), Section 172.023, Election Code,
15 is amended to read as follows:
16 (a) An application for a place on the general primary
17 election ballot must be filed not later than 6 p.m. on the second
18 Monday in December of an odd -numbered year [ n -y 2 i^ +_^^ y_3_______1
19 el-ee44:en yew] unless the filing deadline is extended under
20 Subchapter C.
21 SECTION 30. Subsection (d), Section 171.0231, Election
22 Code, is amended to read as follows:
23 (d) A declaration of write-in candidacy must be filed not
24 later than 6 [4] p.m. of the fifth [] day after the date of the
25 filing deadline for the [ham^v^] general primary election [
26 rrvwc-v-c , avs-e is e3i�rre
27 4-1;e of-9�eef eean#y el 4w3aer-py-ee4wne# is a
25
Item # D
S.B. No. 100
Attachment number 1
Page 26 of 34
2 4ea4!4:ne #14j:s siibseet4!9n, -R
3 Gai4444aGy e49�Ge se;agl4t by t44e G r 4:14 e 1 43
4 z-;; ;; d -i P-1 @ e Fa a y b e 9 4: 4: e d ;; e #- I e 3c t 14 a n 5 ;:A . 69 tIq e S 9 t 1e 9 e - e
5 1 e e a- , I .
6 SECTION 31. Subsection (b) , Section 172.028, Election Code,
7 is amended to read as follows:
8 (b) Not later than the 81st day before general
9 primary election day, the state chair shall deliver the
10 certification to the county chair in each county in which the
11 candidate's name is to appear on the ballot.
12 SECTION 32. Subsection (a) , Section 172.052, Election Code,
13 is amended to read as follows:
14 (a) A candidate for nomination may not withdraw from the
15 general primary election after the 79th [62n4] day before general
16 primary election day.
17 SECTION 33. Subsections (a) and (b), Section 172.054,
18 Election Code, are amended to read as follows:
19 (a) The deadline for filing an application for a place on
20 the general primary election ballot is extended as provided by this
21 section if a candidate who has made an application that complies
22 with the applicable requirements:
23 (1) dies on or after the fifth day before the date of
24 the regular filing deadline and on or before the 79th [C�Ppd] day
25 before general primary election day;
26 (2) holds the office for which the application was
27 made and withdraws or is declared ineligible on or after the date of
26
Item # D
S.B. No. 100
Attachment number 1
Page 27 of 34
1 the regular filing deadline and on or before the 79th [mod] day
2 before general primary election day; or
3 (3) withdraws or is declared ineligible during the
4 period prescribed by Subdivision (2), and at the time of the
5 withdrawal or declaration of ineligibility no other candidate has
6 made an application that complies with the applicable requirements
7 for the office sought by the withdrawn or ineligible candidate.
8 (b) An application for an office sought by a withdrawn,
9 deceased, or ineligible candidate must be filed not later than 6
10 p.m. of the 81st [] day before general primary election day. An
11 application filed by mail with the state chair is not timely if
12 received later than 5 p.m. of the 81st [] day before general
13 primary election day.
14 SECTION 34. Section 172.057, Election Code, is amended to
15 read as follows:
16 Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
17 CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
18 candidate's name shall be omitted from the general primary election
19 ballot if the candidate withdraws, dies, or is declared ineligible
20 on or before the 79th [] day before general primary election
21 day.
22 SECTION 35. Subsection (a), Section 172.058, Election Code,
23 is amended to read as follows:
24 (a) If a candidate who has made an application for a place on
25 the general primary election ballot that complies with the
26 applicable requirements dies or is declared ineligible after the
27 79th [62n4] day before general primary election day, the
27
Item # D
S.B. No. 100
Attachment number 1
Page 28 of 34
1 candidate's name shall be placed on the ballot and the votes cast
2 for the candidate shall be counted and entered on the official
3 election returns in the same manner as for the other candidates.
4 SECTION 36. Subsection (a) , Section 172.059, Election Code,
5 is amended to read as follows:
6 (a) A candidate for nomination may not withdraw from the
7 runoff primary election after 5 p.m. of the 8th [194141 day after
8 general primary election day.
9 SECTION 37. Subsection (c) , Section 172.082, Election Code,
10 is amended to read as follows:
11 (c) The drawing shall be conducted at the county seat not
12 later than the third Tuesday in December of an odd -numbered year
14 SECTION 38. Subsection (b) , Section 192.033, Election Code,
15 is amended to read as follows:
16 (b) The secretary of state shall deliver the certification
17 to the authority responsible for having the official ballot
18 prepared in each county before the later of the 68th [62n4] day
19 before presidential election day or the second business day after
20 the date of final adjournment of the party's national presidential
21 nominating convention.
22 SECTION 39. Subsection (b) , Section 201.051, Election Code,
23 is amended to read as follows:
24 (b) For a vacancy to be filled by a special election to be
25 held on the date of the general election for state and county
26 officers, the election shall be ordered not later than the 78th
27 [W0414] day before election day.
MM
Item # D
S.B. No. 100
Attachment number 1
Page 29 of 34
1 SECTION 40. Subsection (f), Section 201.054, Election Code,
2 is amended to read as follows:
3 (f) For a special election to be held on the date of the
4 general election for state and county officers, the day of the
5 filing deadline is the 75th [4] day before election day.
6 SECTION 41. Section 501.109, Election Code, is amended to
7 read as follows:
8 Sec. 501.109._ ELECTION IN [r�'D�] MUNICIPALITIES.
9 (a) This section applies only to an election to permit or prohibit
10 the legal sale of alcoholic beverages of one or more of the various
11 types and alcoholic contents in a municipality [ram-s
12 ^ +I,-rene rtyl .
13 (b) An election to which this section applies shall be
14 conducted by the municipality instead of a county
15 For the purposes of an election conducted under this section, a
16 reference in this chapter to:
17 (1) the county is considered to refer to the
18 municipality;
19 (2) the commissioners court is considered to refer to
20 the governing body of the municipality;
21 (3) the county clerk or voter registrar is considered
22 to refer to the secretary of the municipality or, if the
23 municipality does not have a secretary, to the person performing
24 the functions of a secretary of the municipality; and
25 (4) the county judge is considered to refer to the
26 mayor of the municipality or, if the municipality does not have a
27 mayor, to the presiding officer of the governing body of the
29
Item # D
S.B. No. 100
Attachment number 1
1 municipality. Page 30 of 34
2 (c) The municipality shall pay the expense of the election.
3 (d) An action to contest the election under Section 501.155
4 may be brought in the district court of any county in which the
5 municipality is located.
6 SECTION 42. Subsections (a) and (c), Section 11.055,
7 Education Code, are amended to read as follows:
8 (a) Except as provided by Subsection (c), an application of
9 a candidate for a place on the ballot must be filed not later than 5
10 p.m. of the 71st [62nd] day before the date of the election. An
11 application may not be filed earlier than the 30th day before the
12 date of the filing deadline.
13 (c) For an election to be held on the date of the general
14 election for state and county officers, the day of the filing
15 deadline is the 78th day before election day.
16 SECTION 43. Subsection (b), Section 11.056, Education Code,
17 is amended to read as follows:
18 (b) A [Eiieep# as v4:-4e4 1y 944'g^�4:9n—(e-),—a] declaration
19 of write-in candidacy must be filed not later than the deadline
20 prescribed by Section 146.054, Election Code, for a write-in
21 candidate in a city election [9 jq.�R.ef#1e a-y ag#e,- ;�14^ a:;+
2 2 an ajqjq44ea#4:944 gexa jql e a i s req�aj: *e4 #9b e i94 4e4 ].
23 SECTION 44. Subsection (e), Section 11.059, Education Code,
24 is amended to read as follows:
25 (e) Not later than December 31, 2011 [2QP;], the board of
26 trustees may adopt a resolution changing the length of the terms of
27 its trustees. The resolution must provide for staggered terms [a
all
Item # D
S.B. No. 100
Attachment number 1
Page 31 of 34
1 #R*;�] of either three or four years and specify the manner in which
2 the transition from the length of the former term to the modified
3 term is made. The transition must begin with the first regular
4 election for trustees that occurs after January 1, 2012 [-29081 , and
5 a trustee who serves on that date shall serve the remainder of that
6 term. This subsection expires January 1, 2017 [294:3].
7 SECTION 45. Subsection (b) , Section 130.0825, Education
8 Code, is amended to read as follows:
9 (b) A [E)ieept as psevj:deel by 9,abseet:ien (e) , a] declaration
10 of write-in candidacy must be filed not later than the deadline
11 prescribed by Section 146.054, Election Code, for a write-in
12 candidate in a city election [9�. eg tl;p gc;y ag#e,- atl4p_ pl;;#P-
13 an aj9j944Gat4=9n 4e�a jqz1aGe Gn #4e iG r-eGH4=-e4 te be 4E44e4]
14 SECTION 46. Subsection (d) , Section 285.131, Health and
15 Safety Code, is amended to read as follows:
16 (d) A [Eiieep# as p,-9;�44eE4 19y 9"seG#4:9n (9) , a] declaration
17 of write-in candidacy must be filed not later than the deadline
18 prescribed by Section 146.054, Election Code, for a write-in
19 candidate in a city election [9 p.R4. eg tlqe 4-E-i-ftiq ag#ega tl4p pl;;#(Z
20 app44Ga#4!ei4 E:9,x a plaGe ei4 #14g, _is r-eq'44!gce4 #9 �qe
21 SECTION 47. Subchapter A, Chapter 21, Local Government
22 Code, is amended by adding Section 21.004 to read as follows:
23 Sec. 21.004. CHANGE OF LENGTH OR STAGGERING OF TERMS IN
24 GENERAL -LAW MUNICIPALITY. (a) This section applies only to a
25 general -law municipality whose governing body is composed of
26 members that serve:
27 (1) a term of one or three years; or
31
Item # D
S.B. No. 100
Attachment number 1
1 (2) staggered terms. Page 32 of 34
2 (b) Not later than December 31, 2012, the governing body of
3 the general -law municipality may adopt a resolution:
4 (1) changing the length of the terms of its members to
5 two years; or
6 (2) providing for the election of all members of the
7 governing body at the same election.
8 (c) The resolution must specify the manner in which the
9 transition in the length of terms is made. The transition must
10 begin with the first regular election for members of the governing
11 body that occurs after January 1, 2013, and a member who serves on
12 that date shall serve the remainder of that term.
13 (d) This section expires January 1, 2016.
14 SECTION 48. Subsection (d), Section 63.0945, Water Code, is
15 amended to read as follows:
16 (d) A [9iieejq# 44eg 1y &4]gseG 4:9n—(L),—a] declaration
17 of write-in candidacy must be filed not later than the deadline
18 prescribed by Section 146.054, Election Code, for a write-in
19 candidate in a city election [9 p.iR—eg #-Pe ag#ev #14^ a-,#^
20 app4; a#4 E:9,x a .,i are ei4 #14 r>> iST „; a + re E:; a]
21 SECTION 49. To the extent of any conflict, this Act prevails
22 over another Act of the 82nd Legislature, Regular Session, 2011,
23 regardless of the relative dates of enactment.
24 SECTION 50. The secretary of state shall adopt rules as
25 necessary to implement this Act, including the adjustment or
26 modification of any affected date, deadline, or procedure.
27 SECTION 51. The following are repealed:
W"
Item # D
S.B. No. 100
Attachment number 1
1 (1) Section 41.0053, Election Code; Page 33 of 34
2 (2) Subsection (e), Section 11.056, and Subsection
3 (e) , Section 130.0825, Education Code;
4 (3) Subsection (g) , Section 285.131, Health and Safety
5 Code; and
6 (4) Subsection (f) , Section 63.0945, Water Code.
7 SECTION 52. (a) This section applies only to a political
8 subdivision that elects the members of its governing body to a term
9 that consists of an odd number of years.
10 (b) Not later than December 31, 2012, the governing body of
11 the political subdivision may adopt a resolution changing the
12 length of the terms of its members to an even number of years. The
13 resolution must specify the manner in which the transition from the
14 length of the former term to the modified term is made. The
15 transition must begin with the first regular election for members
16 of the governing body that occurs after January 1. 2013, and a
17 member who serves on that date shall serve the remainder of that
18 term.
19 (c) This section expires January 1, 2020.
20 SECTION 53. The changes in law made by this Act do not apply
21 to an election held on November 8, 2011.
22 SECTION 54. This Act takes effect September 1, 2011.
33
Item # D
S.B. No. 100
Attachment number 1
Page 34 of 34
President of the Senate Speaker of the House
I hereby certify that S.B. No. 100 passed the Senate on
April 14, 2011, by the following vote: Yeas 29, Nays 1;
May 27, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2011, House
granted request of the Senate; May 29, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 100 passed the House, with
amendments, on May 25, 2011, by the following vote: Yeas 143,
Nays 1, two present not voting; May 27, 2011, House granted request
of the Senate for appointment of Conference Committee;
May 29, 2011, House adopted Conference Committee Report by the
following vote: Yeas 147, Nays 0, one present not voting.
Approved:
Date
Governor
WN,
Chief Clerk of the House
Item # D
BILL ANALYSIS
BACKGROUND AND PURPOSE
C.S.S.B. 100
By: Van de Putte
Defense & Veterans' Affairs
Committee Report (Substituted)
Attachment number 2
Page 1 of 8
The federal Military and Overseas Voter Empowerment Act facilitates the voting process for
military and overseas voters by requiring ballots to be transmitted within a specified period
before a federal election. C.S.S.B. 100 seeks to help implement federal requirements by
providing for the electronic transmission of blank ballots for all military and overseas voters and
requiring the secretary of state to create a tracking system under which military and overseas
voters can determine whether a voted ballot has been received by the early voting clerk. The bill
attempts to further facilitate the process for those voters by extending the elections covered to an
election in which an office of the federal government appears, an election to fill a vacancy in the
legislature, with certain exceptions, or an election held jointly with those elections. The bill also
addresses certain election dates and deadlines.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking is expressly granted to the secretary of state in
SECTIONS 1 and 49 of this bill.
ANALYSIS
C.S.S.B. 100 amends the Election Code to designate the secretary of state as the state
coordinator between military and overseas voters and county election officials. The bill requires
a county election official to cooperate with the secretary of state to ensure that military and
overseas voters timely receive accurate balloting materials that a voter is able to cast in time for
the election and otherwise comply with the federal Military and Overseas Voter Empowerment
Act. The bill authorizes the secretary of state to adopt rules as necessary to implement these
provisions.
C.S.S.B. 100 requires the secretary of state, in coordination with local election officials, to
implement an electronic free -access system by which a person eligible for early voting by mail
as a resident federal postcard applicant or as an overseas citizen may determine by telephone, by
e-mail, or over the Internet whether the person's federal postcard application (FPCA) or other
registration or ballot application has been received and accepted and whether the person's ballot
has been received and the current status of the ballot.
C.S.S.B. 100, in provisions relating to applying for more than one election with a single FPCA,
removes a provision requiring an application to be treated as if it requests a ballot for each
election for a federal office, including a primary or runoff election, that occurs on or before the
date of the second general election for state and county officers that occurs after the date the
application is submitted.
C.S.S.B. 100 requires a person, for purposes of registering to vote as a federal postcard
applicant, to provide the address of the last place of residence of the person in Texas or the last
place of residence in Texas of the person's parent or legal guardian. The bill requires the voter
registrar to register the person at the address provided unless that address no longer is recognized
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as a residential address, in which event the registrar is required to assign the person to an address
under procedures prescribed by the secretary of state.
C.S.S.B. 100 establishes, in provisions relating to the official carrier envelope for voting, that the
provisions of law allowing the envelope to be mailed free of United States postage are provided
by the federal Uniformed and Overseas Citizens Absentee Voting Act, rather than the Federal
Voting Assistance Act of 1955.
C.S.S.B. 100 establishes procedures for the e-mail transmission of balloting materials for the
purpose of implementing the federal Military and Overseas Voter Empowerment Act. The bill
authorizes a person eligible for early voting by mail under provisions relating to the FPCA to
request from the appropriate early voting clerk e-mail transmission of balloting materiA6crTrbPt number 2
bill requires the early voting clerk to grant such a request if the requestor has submitte&Y40
FPCA and meets certain requirements relating to military status, residency, and location for
voting and provides an e-mail address that corresponds to the address on file with the requestor's
FPCA or stated on a newly submitted FPCA. The bill requires the early voting clerk to grant the
request if it is submitted on or before the seventh day before the date of the election and if a
marked ballot for the election from the requestor has not been received by the early voting clerk.
The bill requires the early voting clerk to note on the early voting by mail roster each e-mail of a
ballot under these provisions.
C.S.S.B. 100 establishes that an e-mail address used to request balloting materials is confidential
and does not constitute public information under the state's open records law and requires an
early voting clerk to ensure that a voter's e-mail address provided under these provisions is
excluded from public disclosure. The bill limits the e-mail transmission of balloting materials
under these provisions to an election in which an office of the federal government appears on the
ballot, an election to fill a vacancy in the legislature unless the election is ordered as an
emergency election or held as an expedited election, or an election held jointly with either of
those types of elections. The bill specifies the balloting materials to be sent by e-mail and the
format of those materials. The bill requires the secretary of state to prescribe procedures for the
retransmission of balloting materials following an unsuccessful transmission of the materials to a
voter.
C.S.S.B. 100, in provisions relating to the return of a ballot, requires a voter who is a member of
the armed forces or the merchant marine of the United States or the spouse or a dependent of
such a member to be voting from outside the voter's county of residence and requires a voter
who is domiciled in Texas but temporarily living outside the territorial limits of the United States
and the District of Columbia to be voting from outside the United States. The bill requires a
voter who receives a ballot under these provisions to return it by mail, common or contract
carrier, or courier and prohibits the voter from returning the ballot by electronic transmission,
with certain exceptions. The bill establishes that a ballot that is not returned as required by these
provisions is considered a ballot not timely returned and is not sent to the early voting ballot
board for processing. The bill specifies that the deadline for returning a ballot under these
provisions is the same as the deadline for returning a marked ballot voted by mail.
C.S.S.B. 100 requires the secretary of state by rule to create a tracking system under which an
FPCA registrant may determine whether a voted ballot has been received by the early voting
clerk. The bill requires each county that sends ballots to FPCA registrants to provide
information required by the secretary of state to implement the system. The bill authorizes the
secretary of state to adopt rules as necessary to implement provisions relating to the e-mail
transmission of balloting materials and to provide for an alternate secure method of electronic
ballot transmission instead of transmission by e-mail.
C.S.S.B. 100 creates an exception for its provisions to the requirement that a runoff election be
held not earlier than the 20th or later than the 45th day after the date the final canvass of the
main election is completed. The bill requires a runoff election for a special election to fill a
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Item # D
vacancy in Congress or a special election to fill a vacancy in the legislature that is not an
emergency or expedited election to be held not earlier than the 70th day or later than the 77th
day after the date the final canvass of the main election is completed.
C.S.S.B. 100 specifies that for an election to be held on the date of the general election for state
and county officers, the election is required to be ordered not later than the 78th day, rather than
the 70th day, before election day and that for an election to be held on a uniform election date
other than the date of the general election for state and county officers, the election is required to
be ordered not later than the 71 st day before election day.
C.S.S.B. 100, in provisions requiring, with certain exceptions, each general or special election in
Texas to be held on the second Saturday in May or the first Tuesday after the first MqaY number 2
November, requires the elections to be held on one of the following dates: the second §ffi l°al?
in May in an odd -numbered year; the second Saturday in May in an even -numbered year, for an
election held by a political subdivision other than a county; or the first Tuesday after the first
Monday in November. The bill specifies that a county elections administrator is not required to
enter into a contract to furnish election services for an election held on the second Saturday in
May in an even -numbered year.
C.S.S.B. 100 removes provisions authorizing the governing body of a political subdivision other
than a county, not later than December 31, 2005, to change the date on which it holds its general
election to another authorized uniform election date. The bill extends the deadline for the
governing body of a political subdivision, other than a county, that holds its general election for
officers on a date other than the November uniform election date to change the date on which it
holds its general election for officers to the November uniform election date, from not later than
December 31, 2010, to not later than December 31, 2012.
C.S.S.B. 100 requires a political subdivision that before September 1, 2011, held its general
election for officers on the uniform election date in May or that is required by other law to hold
its general election for officers on that date to hold its general election for officers on the first
Tuesday in April in an odd -numbered year unless the governing body of the political subdivision
changes the date.
C.S.S.B. 100 authorizes a home -rule city to implement the change in election dates through the
adoption of a resolution and specifies that such a resolution supersedes a city charter provision
that requires a different general election date. The bill specifies that the holdover of a member of
a governing body of a city in accordance with provisions of the Texas Constitution requiring
officers to serve until their successors are qualified, as that term of office may be conformed to a
new election date chosen under these provisions, does not constitute a vacancy for purposes of
provisions of the Texas Constitution relating to vacancies on the governing body of a home -rule
city.
C.S.S.B. 100 changes the general primary election date from the first Tuesday in March to the
first Tuesday in April in each even -numbered year. The bill changes the runoff primary election
date from the second Tuesday in April to the third Tuesday in June following the general
primary election. The bill changes the presidential primary election date from the first Tuesday
in March to the first Tuesday in April in each presidential election year.
C.S.S.B. 100 makes provisions relating to the effect of a weekend or holiday on the deadline for
the performance of an act inapplicable to the deadline for the early voting ballot board to verify
and count provisional ballots.
C.S.S.B. 100 specifies that provisions relating to the deadline for mailing balloting materials for
voting by mail are for a covered election under the bill's provisions, rather than for the general
election for state and county officers.
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Item # D
C.S.S.B. 100 requires the early voting clerk, in provisions requiring the clerk to enclose certain
materials in a jacket envelope for a timely returned early voting ballot voted by mail, to include
in the envelope a copy of the voter's FPCA, if the ballot is voted under provisions relating to
voting by a resident federal postcard applicant, and the signature cover sheet, if the ballot is
voted under provisions relating to voting by military personnel or other overseas voters.
C.S.S.B. 100 prohibits the early voting clerk, if the clerk has provided a voter a ballot to be voted
by mail by both regular mail and e-mail, from delivering a jacket envelope containing the early
voting ballot voted by mail by the voter to the early voting ballot board until both ballots are
returned or the deadline for returning marked ballots voted by mail has passed, The bill requires
the clerk, if both ballots are returned before the deadline; to deliver only the jacket envelope
containing the ballot provided by e-mail to the board. The bill establishes that th,*tbo lo� number 2
provided by regular mail is considered to be a ballot not timely returned. Page a of s
C.S.S.B. 100 requires the early voting ballot board, in determining whether to accept an early
voting ballot voted by mail when neither the overseas voter's signature on the ballot application
nor the signature on the carrier envelope certificate is determined to have been executed by a
person other than the voter, unless signed by a witness, to compare the signature on the carrier
envelope or signature cover sheet with the signature of the voter on the FPCA.
C.S.S.B. 100 requires the early voting ballot board, when placing and sealing rejected ballots in a
carrier envelope, to keep a record of the number of rejected ballots in each envelope. The bill
requires a notation to be made on the carrier envelope of any ballot that was rejected after the
envelope was opened and to include the reason the envelope was opened and the ballot was
rejected.
C.S.S.B. 100 requires the presiding judge of the early voting ballot board, when providing
written notice of the reason for the rejection of a ballot, to also provide the notice to the e-mail
address to which the ballot was sent if the ballot was transmitted to the voter by e-mail.
C.S.S.B. 100 requires the early voting ballot board, for a ballot voted under provisions relating to
voting by resident federal postcard applicants or by military or other overseas voters, to place the
copy of the voter's FPCA or signature cover sheet in the same location as the carrier envelope.
C.S.S.B. 100 requires the secretary of state to prescribe procedures to allow a voter who qualifies
to vote by a federal write-in absentee ballot to vote through use of a federal write-in absentee
ballot in an election for any office for which balloting materials may be sent by e-mail
transmission.
C.S.S.B. 100 extends the deadline for a certifying authority to certify candidates' naives for
placement on the general election ballot from not later than the 55th day to not later than the 68th
day before general election day.
C.S.S.B. 100 extends the filing deadline for candidates for city office and for candidates and
declared write-in candidates for office of a political subdivision other than a county or city, for
an election to be held on the date of the general election for state and county officers, from the
67th or 70th day before election day, as applicable, to the 78th day before election day. The bill
specifies that for an election to be held on a uniform election date other than the date of the
general election for state and county officers, the filing deadline for those candidates is the 71st
day before election day.
C.S.S.B. 100 extends the following deadlines in connection with the withdrawal, death, or
ineligibility of a candidate who is the party nominee in a general election for state and county
officers:
• the deadline for deliveringthe certification of a. replacement nominee for placement on
the ballot, from the 70th day to the 71 st day before election day; and
82R 27560
Substitute Document Number: 82R 28082
11.132.190
4
Item # D
• the deadline for delivering the certification of a replacement nominee if apolitical party's
district executive committee fails to nominate a replacement candidate to fill a vacancy in
a nomination for a district office, from the 67th day to the 69th day before election day.
C.S.S.B. 100 extends the following deadlines and periods in connection with the withdrawal,
death, or ineligibility of a candidate in an election other than a general election for state and
county officers:
• the deadline for withdrawal if the filing deadline is the 78th day before election day, from
the 67th day to the 71st day before election day;
• the date before which a candidate withdraws or is declared ineligible, if tbtt48inumber 2
deadline is the 78th day before election day, and the name of the candidate is PofflihAf
from the ballot, from the 67th day to the 71st day before election day; and
• the date after which a candidate is declared ineligible, if the filing deadline is the 78th
day before election day, and the candidate's name is placed on the ballot, from the 67th
day to the 71st day before election day.
C.S.S.B. 100 extends the following deadlines in connection with a write-in candidate in a general
election for state and county officers:
• the deadline for filing a declaration of write-in candidacy, with certain exceptions, from
the 70th day to the 78th day before general election day;
• the deadline for filing a declaration of write-in candidacy if a candidate whose name is to
appear on the general election ballot dies or is declared ineligible, from the 67th day to
the 75th day before election day; and
• the deadline for delivering the certification of a candidate for placement on the list of
write-in candidates, from the 62nd day to the 68th day before election day.
C.S.S.B. 100 extends or establishes, as applicable, the following deadlines in connection with a
write-in candidate in a city election:
• for an election to be held on the date of the general election for state and county officers,
the filing deadline is extended from the 67th day to the 74th day before election day; and
• for an election to be held on a uniform election date other than the date of the general
election for state and county officers, the filing deadline is established as the 71st day
before election day.
C.S.S.B. 100 extends the following deadlines in connection with general provisions relating to
political parties or in connection with the organization of political parties:
• the deadline for delivering the certification of nominees for statewide and district offices
for placement on the general election ballot, from the 62nd day to the 68th day before
general election day;
• the deadline for filing a declaration of write-in candidacy for county chair or precinct
chair, with certain exceptions, from the 62nd day to the 88th day before general primary
election day; and
• the deadline for filing a declaration of write-in candidacy for county chair or precinct
chair if a candidate whose name is to appear on the ballot dies or is declared ineligible,
from the 59th day to the 79th day before election day.
C.S.S.B. 100 extends or shortens, as appropriate, the following deadlines and periods in
82R 27560 11.132.190
Substitute Document Number: 82R 28082
Item # D
connection with political parties nominating candidates by primary elections:
• the deadline for the state chair's certification of names for placement on the general
primary ballot, from the 57th day to the 84th day before general primary election day;
• the date after which a candidate for nomination may not withdraw from the general
primary election, from the 62nd day to the 88th day before general primary election day;
• the date on or before which a candidate's withdrawal, death, or ineligibility triggers an
extended filing deadline, from the 62nd day to the 88th day before general primary
election day;
• the deadline for filing an application for an office sought by a withdrawn, deceased; or
ineligible candidate or for receipt of such an application filed by mail, from the WWWAY1 number 2
to the 80th day before general primary election day; Page 6 of 8
• the date on or before which a candidate's withdrawal, death, or ineligibility results in the
candidate's name being omitted from the general primary election ballot, from the 62nd
day to the 88th day before general primacy election day;
• the date after which the name of a candidate who has made an application for a place on
the general primary election ballot that complies with the applicable requirements and
who dies or is declared ineligible is placed on the ballot, from the 62nd day to the 88th
day before general primary election day;
• the deadline for withdrawing from a runoff primary, from the 1 Oth day to the 8th day
after general primary election day; and
• the deadline for conducting the drawing to determine the order of the candidates' names
on the general primary election ballot for each county, from the 53rd day to the 81st day
before general primary election day.
C.S.S.B. 100 extends the deadline for the secretary of state to certify presidential and vice-
presidential candidates from the later of the 68th day, rather than the 62nd day, before
presidential election day or the second business day after the date of final adjournment of the
party's national presidential nominating convention.
C.S.S.B. 100 extends the following deadlines in connection with a special election to fill a
vacancy in office generally:
• the deadline for ordering a special election to be held on the date of the general election
for state and county officers, from the 70th day to the 78th day before election day; and
• the filing deadline for a special election to be held on the date of the general election for
state and county officers, from the 67th day to the 75th day before election day.
C.S.S.B. 100 amends the Education Code to extend the following deadlines in connection with
an election for trustees of an independent school district:
• the deadline for filing an application to get on the ballot, with certain exceptions, from.
the 62nd day to the 71 st day before the date of the election; and
• the deadline for filing an application if the election will be held on the date of the general
election for state and county officers, from the 70th day to the 78th day before election
day.
C.S.S.B. 100 extends the deadline for a board of trustees to adopt a resolution changing the
length of the terms of its trustees from. December 31, 2007, to December 31, 2011. The bill
requires the transition to a modified term to begin with the first regular election for trustees that
82R 27560 11.132.190
Substitute Document Number: 82R 28082
Item # D
occurs after January 1, 2012, rather than January 1, 2008, and requires a trustee who serves on
that date to serve the remainder of that term The bill makes these provisions expire January 1,
2017, rather than January 1, 2013.
C.S.S.B. 100 amends the Education Code, Health and Safety Code, and Water Code to change
the deadline for filing a declaration of write-in candidacy in connection with an election for
trustees of an independent school district or a junior college district or for board members of a
hospital district or for a commissioner of a self-liquidating navigation district from the fifth day
after the date an application for a place on the ballot is required to be filed to the 74th day before
election day, for an election to be held on the date of the general election for state and county
officers, and the 71st day before election day, for an election to be held on a uniform election
date other than the date of the general election for state and county officers. Attachment number 2
Page 7 of 8
C.S.S.B. 100, in provisions relating to an election for trustees of an independent school district or
a junior college district or for board members of a hospital district or for a commissioner of a
self-liquidating navigation district, repeals provisions that set the filing deadline for an election
to be held on the date of the general election for state and county officers as the 67th day before
election day.
C.S.S.B. 100 amends the Local Government Code to authorize the governing body of a general -
law municipality whose governing body is composed of members that serve a term of one or
three years, not later than December 31, 2011, to adopt resolution changing the length of the
terms of its members to two years. The bill requires the resolution to specify the manner in
which the transition from the length of the former teen to the modified term is made, requires the
transition to begin with the first regular election for members of the governing body that occurs
after January 1, 2012, and specifies that a member who serves on that date is required to serve
the remainder of that term. The bill makes these provisions expire January 1, 2015.
C.S.S.B. 100 authorizes the governing body of a political subdivision that elects the members of
its governing body to a term that consists of an odd number of years, not later than December 31,
2012, to adopt a resolution changing the length of the teens of its members to an even number of
years. The bill requires the resolution to specify the manner in which the transition from the
length of the former term to the modified term is made, requires the transition to begin with the
fast regular election for members of the governing body that occurs after January 1, 2013, and
specifies that a member who serves on that date is required to serve the remainder of that term.
The bill makes these provisions expire January 1, 2020.
C.S.S.B, 100 specifies that its provisions prevail over another act of the 82nd Legislature,
Regular Session, 2011, regardless of relative dates of enactment, to the extent of any conflict.
The bill requires the secretary of state to adopt rules as necessary to implement the bill's
provisions, including the adjustment or modification of any affected date, deadline, or procedure.
The bill specifies that its provisions are inapplicable to an election held on November 8, 2011.
C.S.S.B. 1.00 makes organizational and conforming changes to provisions of law relating to early
voting by aresident federal postcard applicant.
C.S.S.B. 100 repeals the following provisions:
• Section 41.0052(a-1), Election Code
• Section 11.056(e), Education Code
• Section 130.0825(e), Education Code
• Section 285.131(g), Health and Safety Cade
• Section 63.0945(f), Water Code
82R 27560 11.132.190
Substitute Document Number: 82R 28082
Item # D
EFFECTIVE DATE
September 1, 2011.
COMPARISON OF ORIGINAL AND SUBSTITUTE
C.S.S.B. 100 differs from the original by removing statutory provisions authorizing the
governing body of a political subdivision other than a county to change its general election date
before December 31, 2005, whereas the original updates those provisions. The substitute
contains provisions not included in the original relating to changing a general election date.
C.S.S.B. 100 differs from the original by establishing the runoff primary election datAttA*41A number 2
third Tuesday in June following the general primary election, whereas the original estafrsWss
that date as the fourth Tuesday in May. The substitute contains provisions not included in the
original relating to the general primary election date and the presidential primary election date.
C.S.S.B. 100 omits a provision included in the original relating to the acceptance of an early
voting ballot voted by mail.
C.S.S.B. 100 omits a provision included in the original relating to the regular filing period for a
general primary election. The substitute contains provisions not included in the original relating
to a write-in candidate for county chair or precinct chair, the state chair's certification of names
for placement on a general primary ballot, withdrawal from the general primary, an extended
filing deadline for a general primary election, omission from a general primary ballot of the
name of a withdrawn, deceased, or ineligible candidate, appearance on the general primary ballot
of the name of a deceased or ineligible candidate, and withdrawal from a runoff primary.
C.S.S.B. 100 differs from the original by requiring the drawing to determine the order of the
candidates' names on the general primary election ballot for each county to be conducted not
later than the 81st day before general primary election day, whereas the original requires the
drawing to be conducted not later than the fourth Tuesday in December of an odd -numbered
year.
C.S.S.B. 100 differs from the original by authorizing the governing body of a political
subdivision that elects the members of its governing body to a term that consists of an odd
number of years to change the length of the terms of its members to an even number of years not
later than December 31, 2012, whereas the original authorizes such a governing body to make
such a change not later than December 31, 2011. The substitute differs from the original by
requiring the transition to new terms to begin with the first regular election for members of the
governing body that occurs after January 1, 2013, whereas the original requires the transition to
begin with the first election that occurs after January 1, 2012.
C.S.S.B. 100 contains provisions not included in the original relating to a conflict of interest
between the substitute and another act of the legislature, the adoption of necessary rules by the
secretary of state, and the inapplicability of the substitute to an election held on November 8,
2011.
C.S.S.B. 100 differs from the original in nonsubstantive ways by conforming to certain bill
drafting conventions.
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Substitute Document Number: 82R 28082
Item # D
Election Advisory No. 2011-09 Page 1 of 3
Attachment number 3
Page 1 of 3
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Election /Advisory No. 2011-09
To: All County, City, School District, and Other Political
Subdivision Election Officials
From: Ann McGeehan, Director of Elections
Date: June 24, 2011
RE: Legislative Implementation of the federal Military and
Overseas Voter Empowerment Act and the Impact on the
Texas Election Calendar
To comply with the federal Military and Overseas Voter Empowerment Act (MOVE), the Texas
Legislature enacted Senate Bill 100 (SB 100) in the 82nd Regular Session. This Advisory is
intended to provide a basic summary and notice of the impact on the 2012 election calendar. SB
100 does not apply to the November 8, 2011 election. Our office will soon provide more detailed
information concerning all the new requirements
As required by MOVE, SB 100 enhances the voting process for military and overseas voters who
may encounter obstacles and time delays with the standard vote by mail process. SB 100
requires ballots to be mailed or emailed to military and overseas voters no later than the 45th day
before the election. This requirement applies to:
1. All elections in which a federal office appears on the ballot;
2. Elections to fill a vacancy in the state legislature, unless the election is an emergency or
expedited; and
3. An election held jointly with an election described in (1) or (2).
In addition, SB 100 provides that a Federal Postcard Application is effective for a single calendar
year instead of the previous effective period of two federal general elections.
The mandate to mail ballots 45 days before an election has a significant impact on the entire
'election calendar. For example, although primary elections will continue to be the first Tuesday in
March, runoff primary elections are moved from the second Tuesday in April to the fourth
Tuesday in May.
SB 100 also affects the May uniform election date which now falls between the March primary
and the May primary runoff. Early voting for the primary runoff begins two days after the May
uniform election date. SB 100 limits the May uniform election date in even -numbered years to
only non -county elections. The May uniform election date in odd -numbered years is unaffected.
The deadlines to order elections and the deadlines to file an application for place on the ballot are
also adjusted. Below is a summary of the new 2012 election dates and deadlines:
Item # D
http://www.sos.state.tx.us/elections/laws/advisory20ll-O9.shtml 7/6/2011
Election Advisory No. 2011-09 Page 2 of 3
Attachment number 3
Page 2 of 3
Deadline to file an application for place on the December 12, 2011
primary ballot
Deadline to conduct primary ballot drawing December20, 2011
Deadline to mail ballots to MOVE voters for January 21, 2012
primary
Primary Early Voting Period February 21-March 2,
! 2012
Deadline to file an application for place on the March 5, 2012
May ballot
PRIMARY ELECTION DAY March 6, 2012
Deadline to mail ballots to MOVE voters for April 7, 2012
runoff
May uniform election day early voting period April 30 - May 8, 2012
MAY UNIFORM ELECTION DAY (Limited) May 12, 2012
Primary Runoff Early Voting Period May 14 - 18, 2012
PRIMARY Runoff Election Day May 22, 2012
Cities, schools or other political subdivisions that hold a general election in May of even -
numbered years are urged to contact their county election officials soon to determine if county
election officials will be able to contract to either conduct the election or lease voting equipment in
May of even -numbered years. County election officials are not required to contract to conduct
elections in May of even -numbered years. Similarly, counties are not required to lease voting
equipment if doing so jeopardizes the equipment's availability for county elections.
SB 100 does not require a political subdivision to change its general election date but it does
allow a political subdivision to change to the November uniform election date or to May of an odd -
numbered year. Consistent with legislative intent, the Office of the Secretary of State will likely
adopt an administrative rule clarifying that a political subdivision may move its general election
date from May of an even -numbered year to May of an odd -numbered year.
In addition, SB 100 contains the following provisions to facilitate a change in election date and/or
a change to the term of office:
• A home rule city may pass a resolution to change the general election date or to provide for
the election of all members of the governing body at the same election. The resolution
supersedes any charter provision to the contrary.
school board may adopt a resolution no later than December 31 2011 that changes the
length of trustees' terms. The resolution must provide for staggered terms of either three or
four years, and the transition must begin with the first regular election occurring after
January 1, 2012.
• A general law municipality whose governing body serves one or three year terms or
staggered terms may adopt a resolution no later than December 31, 2012, changing the
length of term to two years or providing for the election of all members of the governing
body at the same election.
Item # D
http://www.sos.state.tx.us/elections/laws/advisory20ll-O9.shtml 7/6/2011
Election Advisory No. 2011-09 Page 3 of 3
Attachment number 3
Page 3 of 3
• Any political subdivision that elects the members of its governing body to a term that
consists of odd -numbered years may adopt a resolution no later than December 31, 2012,
changing the length of the term to an even number of years.
While more detailed information is forthcoming, we wanted to alert you to the election calendar
changes so that you can begin to assess the impact on your election calendar. If you have any
questions or need additional information, please contact the Elections Division at 1-800-252-
VOTE (8683).
Item # D
http://www.sos.state.tx.us/elections/laws/advisory20ll-O9.shtml 7/6/2011
City of Georgetown, Texas
July 12, 2011
SUBJECT:
Sec. 551.071: Consultation with Attorney
- Advise from attorney about pending litigation that has been filed against the City or contemplated litigation
and other matters on which the attorney has a duty to advise the City Council, including but not limited to
this week's agenda item
ITEM SUMMARY:
FINANCIAL IMPACT:
SUBMITTED BY:
Cover Memo
Item # E
Notice of Meeting of the
Governing Body of the
City of Georgetown, Texas
JULY 12, 2011
The Georgetown City Council will meet on JULY 12, 2011 at 3:30 P.M., at the Council Chambers at 101 E.
7th Street
If you need accommodations for a disability, please notify the city in advance.
Policy Development/Review Workshop -
A Overview, discussion, and possible action regarding the 2011/12 City Manager's Proposed Budget --
Micki Rundell, Chief Financial Officer
B Presentation and discussion of City Council Meeting Rules and Procedures, Chapter 2.24 of the Code of
Ordinances -- Bridget Chapman, Acting City Attorney
C Presentation and discussion regarding upcoming Building Code review process -- Dave Hall, Building
Official, Director of Inspection Services and Elizabeth Cook, Community Development Director
D Discussion and possible direction to staff regarding Senate Bill 100 -- Jessica Brettle, City Secretary and
Bridget Chapman, Acting City Attorney
Executive Session
In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes,
Annotated, the items listed below will be discussed in closed session and are subject to action in the regular
session.
E Sec. 551.071: Consultation with Attorney
- Advice from attorney about pending litigation that has been filed against the City or contemplated
litigation and other matters on which the attorney has a duty to advise the City Council, including but not
limited to this week's agenda item
Adjournment
Certificate of Posting
I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of
Meeting was po ted at City Hall 11 E. 8th Street, a place readily Iccessible to the general public at all
times, on the day of , 201.1, a , and remained so posted for at least
7 ntinuous hou s preceding the s e uled time of said meeting.
es ica Brettle,q�ecretary