Texas Election Code

§ 41.0052 — CHANGING GENERAL ELECTION DATE

EL § 41.0052Title 4. TIME AND PLACE OF ELECTIONS · Ch. 41. ELECTION DATES AND HOURS FOR VOTING · Art. A. ELECTION DATES

Statute text

(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 may, not later than December 31, 2025, change the date on which it holds its general election for officers to the November uniform election date in odd-numbered years. (a-1) Notwithstanding Subsection (a), a municipality or hospital district wholly or partly located in a county with a population of more than 19,900 and less than 20,000 that holds its general election for officers on a date other than the November uniform election date may change the date on which it holds its general election for officers to the November uniform election date. (a-3) Notwithstanding Subsection (a), a municipality on the Texas-Mexico border with a population of more than 85,000 that hosts the annual Texas Citrus Fiesta and holds its general election for officers on a date other than the November uniform election date may change the date on which it holds its general election for officers to the November uniform election date. A municipality described by this subsection that changes the date of its election under this subsection may not change the date on which it holds its general election for officers to a date other than the November uniform election date.

(b)A governing body changing an election date under this section shall adjust the terms of office to conform to the new election date.

(c)A home-rule city may implement a change authorized by this section or provide for the election of all members of the governing body at the same election through the adoption of a resolution. The change contained in the resolution supersedes a city charter provision that requires a different general election date or that requires the terms of members of the governing body to be staggered.

(d)The holdover of a member of a governing body of a city in accordance with Section 17, Article XVI, Texas Constitution, so that a term of office may be conformed to a new election date chosen under this section does not constitute a vacancy for purposes of Section 11(b), Article XI, Texas Constitution.

(e)The governing body of a newly incorporated city may, not later than the second anniversary of the date of incorporation, change the date on which it holds its general election for officers to another authorized uniform election date. Text of subsection as added by Acts 2025, 89th Leg., R.S., Ch. 46 (S.B. 914), Sec. 1

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Legislative history

Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 3, eff. October 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 27 (H.B. 401), Sec. 1, eff. May 13, 2009. Acts 2011, 82nd Leg., R.S., Ch. 505 (H.B. 1545), Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 519 (H.B. 2144), Sec. 2, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 5, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(15), eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1235 (S.B. 733), Sec. 1, eff. June 19, 2015. Acts 2017, 85th Leg., R.S., Ch. 595 (S.B. 1109), Sec. 1, eff. June 9, 2017. Acts 2023, 88th Leg., R.S., Ch. 263 (S.B. 2258), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 985 (S.B. 2620), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 1160 (S.B. 1131), Sec. 1, eff. June 18, 2023. Acts 2025, 89th Leg., R.S., Ch. 46 (S.B. 914), Sec. 1, eff. May 19, 2025. Acts 2025, 89th Leg., R.S., Ch. 753 (H.B. 3546), Sec. 2, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 753 (H.B. 3546), Sec. 3(2), eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1006 (S.B. 1494), Sec. 1, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1134 (S.B. 447), Sec. 1, eff. September 1, 2025.