HBA-JEK C.S.H.B. 2321 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2321
By: Coleman
Urban Affairs
4/22/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Houston's mayor and city council members are currently limited to three
two-year terms of service.  These term limits could have the effect of
diminishing the practical experience of Houston's governing officials,
entice officials to rely on special-interest groups, and impede officials'
ability to embark on new projects and complete previous initiatives.
C.S.H.B. 2321 requires the mayor of a municipality of 1.8 million or more
to order an election on the question of limiting a person's service on the
governing body of the municipality. 

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. 

ANALYSIS

C.S.H.B. 2321 amends the Local Government Code to require the mayor of a
municipality with a population of 1.8 million or more to order an election
in the municipality for November 5, 2002, on the question of imposing term
limits on the members of the governing body of the municipality, including
the mayor.  If a majority of the votes favor the proposition, the number of
cumulative terms a person is authorized to serve on the governing body of
the municipality may be limited by the municipal charter or an ordinance.
If a majority of the votes are against the proposition, no term limits may
be imposed on members of the governing body. 

The bill counts a term or partial term to which a member was elected prior
to the term limit election as part of the limited term length only if the
member served one-half or more of the term before the term limit election.
The bill expires January 1, 2003. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2321 differs from the original bill by removing the provision that
authorized a person who has served five cumulative terms on the governing
body to again be a candidate to the governing body if the person submitted
a petition signed by the lesser of five percent of the number of registered
voters of that territory or 20,000 voters.  The substitute specifies that
the number of cumulative terms a person is authorized to serve on the
governing body of a municipality with a population of 1.8 million or more
may be limited by the municipal charter or an ordinance if a majority of
the votes favor the proposition and no limits may be imposed if a majority
of votes are against the proposition.  The substitute modifies the date of
the election from November 6, 2001, to November 5, 2002.  The substitute
provides that the bill expires on January 1, 2003.