HBA-NLM, BTC H.B. 802 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 802 By: Uher Elections 3/29/1999 Introduced BACKGROUND AND PURPOSE Current law prohibits the conducting of elections within 30 days before or after the date of the general election. However, Section 63.089 (Election of Commissioners), Water Code, authorizes a navigation district to hold elections on the first Tuesday after the first Monday in October of each even-numbered year to elect commissioners, and this authority is in direct conflict with a provision in the Election Code. H.B. 802 provides an exception to Section 41.001 (Uniform Election Dates), Election Code, to allow for the election of navigation district commissioners to be held within 30 days before or after the date of the general election for state and county officers, general primary elections, or runoff primary elections. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 41.001(c), Election Code, as added by Section 20, Chapter 1349, Acts of the 75th Legislature, Regular Session, 1997, as follows: (c) Adds an election held under Section 63.089, Water Code (regarding the election of commissioners of a self-liquidating navigation district) to the list of exceptions to the prohibition against an election being held within 30 days before or after the date of the general election for state and county officers, general primary election, or runoff primary election. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.