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HB 4199

AN ACT relating to requiring the partisan elections of officers for each

House Bill Schatzline
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89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

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Bill filed, pending referral to House committee

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What This Bill Does

relating to requiring the partisan elections of officers for each

Subject Areas

Bill Text

relating to requiring the partisan elections of officers for each
political subdivision of this state in even-numbered years.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 11.055, Education Code, is amended by
adding Subsection (c) to read as follows:
(c)  An application filed under this section must state the
political party with which the candidate is aligned or, if the
candidate is not aligned with a party, state that fact.
SECTION 2.  Section 11.0581(a), Education Code, is amended
(a)  An election for trustees of an independent school
district shall be held on the same date as the general election for
[(1)  the election for the members of the governing
body of a municipality located in the school district;
[(2)  the general election for state and county
[(3)  the election for the members of the governing
body of a hospital district, if the school district:
[(A)  is wholly or partly located in a county with
a population of less than 50,000 that is adjacent to a county with a
population of more than three million; and
[(B)  held its election for trustees jointly with
the election for the members of the governing body of the hospital
[(4)  the election for the members of the governing
board of a public junior college district in which the school
district is wholly or partly located].
SECTION 3.  Sections 11.059(a), (b), (c), and (d), Education
Code, are amended to read as follows:
(a)  A trustee of an independent school district serves a
(b)  [Elections for trustees with three-year terms shall be
held annually.  The terms of one-third of the trustees, or as near
to one-third as possible, expire each year.
[(c)]  Elections for trustees [with four-year terms] shall
be held biennially.  The terms of one-half of the trustees, or as
near to one-half as possible, expire every two years.
(c) [(d)]  A board policy must state the schedule on which
SECTION 4.  Section 11.065(a), Education Code, is amended to
(a)  Sections 11.052(g) and (h) [and Sections 11.059(a) and
(b)] do not apply to the board of trustees of a school district if:
(1)  the district's central administrative office is
located in a county with a population of more than 2.5 million; and
(2)  the district's student enrollment is more than
SECTION 5.  Section 1.005(7), Election Code, is amended to
(7)  "General election for state and county officers"
means the general election at which officers of the federal, state,
and county governments, and the officers of each political
SECTION 6.  Section 41.005(b), Election Code, is amended to
(b)  If a law outside this code requires the general election
for officers of a political subdivision to be held on a date other
than the date of the general election for state and county officers
[a uniform election date], the governing body of the political
subdivision shall set the election date to comply with this
SECTION 7.  Section 41.0052(a), Election Code, is amended to
(a)  The governing body of a political subdivision[, other
than a county or municipal utility district,] that holds its
general election for officers on a date other than the [November
uniform election] date of the general election for state and county
officers shall [may], not later than December 31, 2025 [2016],
change the date on which it holds its general election for officers
to that [the November uniform election] date.
SECTION 8.  Chapter 143, Election Code, is amended by adding
Section 143.0011 to read as follows:
Sec. 143.0011.  PARTISAN CANDIDACY REQUIRED.  (a) A
candidate must declare a party affiliation to run for a city office.
(b)  A candidate's party affiliation must appear on the
ballot next to the candidate's name.  The candidate's party
affiliation must be with a political party that has held a primary
election or nominating convention in this state within the five
years immediately preceding the date on which the election for
which the candidate is applying for a place on the ballot is to be
SECTION 9.  The heading to Section 143.003, Election Code,
Sec. 143.003.  PARTISAN NOMINATION [CANDIDACY] FOR
HOME-RULE CITY OFFICE AUTHORIZED.
SECTION 10.  Section 143.004, Election Code, is amended by
adding Subsection (c) to read as follows:
(c)  An application must state the political party with which
the candidate is aligned or, if the candidate is not aligned with a
political party with which the candidate may affiliate under
Section 143.0011(b), state that fact.
SECTION 11.  Chapter 144, Election Code, is amended by
adding Section 144.0021 to read as follows:
Sec. 144.0021.  PARTISAN CANDIDACY REQUIRED.  A candidate
must declare a party affiliation to run for office. A candidate's
party affiliation must appear on the ballot next to the candidate's
name.  The candidate's party affiliation must be with a political
party that has held a primary election or nominating convention in
this state within the five years immediately preceding the date on
which the election for which the candidate is applying for a place
SECTION 12.  Section 172.001, Election Code, is amended to
Sec. 172.001.  NOMINATING BY PRIMARY ELECTION REQUIRED.  A
[Except as otherwise provided by this code, a] political party's
nominees in the general election for offices of state and county
government, [and] the United States Congress, and any political
subdivision must be nominated by primary election, held as provided
by this code, if the party's nominee for governor in the most recent
gubernatorial general election received 20 percent or more of the
total number of votes received by all candidates for governor in the
SECTION 13.  Section 172.002(a), Election Code, is amended
(a)  A [Except as otherwise provided by this code, a]
political party's nominees in the general election for offices of
state and county government, [and] the United States Congress, and
any political subdivision may be nominated by primary election,
held as provided by this code, if the party's nominee for governor
in the most recent gubernatorial general election received at least
two percent but less than 20 percent of the total number of votes
received by all candidates for governor in the election.
SECTION 14.  Section 172.024(a), Election Code, is amended
(a)  The filing fee for a candidate for nomination in the
general primary election is as follows:
(1)  United States senator$5,000
(2)  office elected statewide, except United States
(3)  United States representative3,125
(6)  member, State Board of Education300
(7)  chief justice or justice, court of appeals, other
than a justice specified by Subdivision (8)1,875
(8)  chief justice or justice of a court of appeals that
serves a court of appeals district in which a county with a
population of more than 1.2 million is wholly or partly
(9)  district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
(10)  district or criminal district judge of a court in
a judicial district wholly contained in a county with a population
(11)  judge, statutory county court, other than a judge
specified by Subdivision (12)1,500
(12)  judge of a statutory county court in a county with
a population of more than 1.5 million2,500
(13)  district attorney, criminal district attorney,
or county attorney performing the duties of a district
(14)  county commissioner, district clerk, county
clerk, sheriff, county tax assessor-collector, county treasurer,
or judge, constitutional county court:
(A)  county with a population of 200,000 or
(B)  county with a population of under 200,000750
(15)  justice of the peace or constable:
(A)  county with a population of 200,000 or
(B)  county with a population of under 200,000375
(17)  office of the county government for which this
schedule does not otherwise prescribe a fee750
(18)  office of a political subdivision other than a
county for which this schedule does not otherwise prescribe a fee0
SECTION 15.  Section 181.032(a), Election Code, is amended
(a)  An application for nomination by a convention must be
(1)  the state chair, for a statewide, [or] district,
or political subdivision office; or
(2)  the county chair, for a county or precinct office.
SECTION 16.  Sections 181.061(b) and (c), Election Code, are
(b)  A party nominating by convention must make its
nominations for offices of districts and political subdivisions
situated in more than one county at district conventions held on the
second Saturday after the second Tuesday in March.  A district
convention consists of delegates selected at the county conventions
(c)  A party nominating by convention must make its
nominations for county and precinct offices and for offices of
districts and political subdivisions not situated in more than one
county at county conventions held on the first Saturday after the
second Tuesday in March.  A county convention consists of delegates
selected at precinct conventions held on the second Tuesday in
March in the regular county election precincts.
SECTION 17.  Section 22.003, Local Government Code, is
Sec. 22.003.  DATE OF MUNICIPAL ELECTION.  An election for
officers of the municipality shall be held [annually, except as
otherwise provided by law, in each ward of the municipality on an
authorized uniform election date] as provided by Chapter 41,
SECTION 18.  The heading to Section 23.023, Local Government
Code, is amended to read as follows:
Sec. 23.023.  REGULAR [ANNUAL] ELECTION.
SECTION 19.  Section 23.023(a), Local Government Code, is
(a)  After the initial election, the election for the mayor,
aldermen, and marshal shall be held [annually, except as otherwise
provided by law, on an authorized uniform election date] as
provided by Chapter 41, Election Code.
SECTION 20.  Section 24.023(c), Local Government Code, is
(c)  The first regular election must be on an authorized
uniform election date occurring:
(1)  in the case of a community incorporating as a Type
C general-law municipality, within two years [one year] after the
expiration of the month in which the incorporation election is
(2)  in the case of a municipality changing to a Type C
general-law municipality, within two years [one year] after the
month in which the election on the change is held.
SECTION 21.  The following provisions are repealed:
(1)  Sections 11.054, 11.059(e), (f), and (g), and
(2)  Section 41.0052(a-1), Election Code, as added by
Chapter 985 (S.B. 2620), Acts of the 88th Legislature, Regular
(3)  Section 41.0052(a-1), Election Code, as added by
Chapter 1160 (S.B. 1131), Acts of the 88th Legislature, Regular
(4)  Sections 41.0052(e), 52.066, 52.070(e), 143.002,
(5)  Section 24.023(d), Local Government Code; and
(6)  Section 441.073(a), Transportation Code.
SECTION 22.  The change in law made by this Act applies only
to an election ordered on or after the effective date of this Act.
SECTION 23.  Except as otherwise provided by this Act, this
Act takes effect January 1, 2026.
SECTION 24.  Notwithstanding any other provision of this
Act, this Act takes effect only if the constitutional amendment
proposed by the 89th Legislature, Regular Session, 2025, requiring
each political subdivision of this state to hold its general
election for officers on the date of the general election for state
and county officers is approved by the voters.  If that amendment is
not approved by the voters, this Act has no effect.

Bill History

filed

Bill filed: AN ACT relating to requiring the partisan elections of officers for each