Senate Bill 100 was passed by the 82nd Texas legislature and took effect on September 1, 2011. The bill significantly altered the Election Code with regards to voting procedures. Here is what is known about the law and its immediate effects:

• The Texas Water Code requires Districts to hold elections on the uniform elections date in May of each even-numbered year;
• Traditionally, many districts have contracted with their respective County Elections Administrator for election services. This has helped manage costs and ensure compliance with voting standards. Section 31.093 of the Texas Election Code obligated the county elections administrator to provide the services upon request;
• Senate Bill 100 has amended the Election Code to provide that a county elections administrator is no longer required to contract for election services on the uniform election date in May of an even-numbered year;
• Senate Bill 100 also amends the Election Code that allows Districts to change their election date to the November uniform date. If the District chooses to make the change, it must be made by December 31, 2012. Any District making the change would be required to adjust its terms of office to conform to the new date (in other words, all directors would have their terms extended from May to November);
• According to the Attorney General, Districts may not move their elections to May of an odd-numbered year.

These changes could result in additional expenses for Districts seeking to maintain a May election date. CASE is advising members to consult legal counsel about the ramifications of the law and the practical options for your District.


We at CASE understand that our membership is concerned about the recently filed House Bill 1542 (.pdf). We have been monitoring the situation, and can report the following:

• HB 1542 would require all Municipal Utility Districts that have been in existence for 10 years or more to provide necessary street repairs and maintenance, regardless of whether the District has held a bond election to fund those activities;
• As it currently reads, the bill would affect all MUDs in Texas, regardless of their size or location;
• This bill could have devastating economic consequences to existing MUDS;
• This bill was filed at the request of certain Williamson County Commissioners;
• CASE can confirm that Rep. Schwertner (the bill's author) has been responsive to our concerns and graciously agreed to not ask for a Committee hearing on the bill. This means that the bill will not advance through the legislative process. Rep. Schwertner is looking forward to building a strong relationship with the Central Texas MUD community and cooperatively working with us on future issues;
• We will continue to monitor this situation, as well as other legislation that could impact our membership. We will provide updated information as it becomes available.