Can a Texas school district change its board election from November to the May uniform date?

Plain-English summary

Edgewood Independent School District held its general election for school board trustees on the November uniform election date in even-numbered years. It wanted to move that election to the May uniform election date in odd-numbered years, which is when the only city inside the district, San Antonio, holds its own city elections. A state senator asked the Attorney General whether the district could make that move.

The answer was no, at least not at that time. Texas sets just two "uniform election dates" each year (the second Saturday in May and the first Tuesday after the first Monday in November), and a separate statute, Election Code section 41.0052, controls when a local government may switch between them. Subsection (a) had given political subdivisions until the end of 2005 to change their general election date. In 2009 the Legislature added subsection (a-1), which let subdivisions that were not already on the November date switch to it, but only the November date, by the end of 2010. Because Edgewood wanted to go the other direction (to May), that new window did not help it.

The opinion walked through the legislative history to confirm the point. House Bill 401, as first introduced, would simply have extended the old deadline and would have let the district make the change it wanted. But a committee substitute rewrote the bill to add subsection (a-1) and keep subsection (a) in place, with the effect that subdivisions other than counties could change their election date only to the November uniform date. So under the express terms of section 41.0052, Edgewood could not move its trustee elections to the May uniform date at that time.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later Attorney General opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant for those who asked

Edgewood ISD and other school districts (as the opinion held for them): The opinion concluded that a school district could not move its general election for officers to the May uniform date, because Election Code section 41.0052 permitted political subdivisions other than counties to change their general election date only to the November uniform date.

Districts weighing the legislative-history argument (what the opinion described): The opinion acknowledged that the joint-election requirement in Education Code section 11.0581 was enacted after an earlier version of section 41.0052(a), but explained that the 2009 addition of subsection (a-1) through House Bill 401 controlled, and it limited any date change to the November uniform date.

On timing (what the opinion noted): The opinion repeatedly framed its conclusion as the rule "at this time," tied to the specific deadlines and language then in section 41.0052.

Common questions

Could the school district move its board elections to the May date?
The opinion concluded it could not. Election Code section 41.0052 allowed a political subdivision other than a county to change its general election date only to the November uniform date.

Why did the district want to switch to May?
The opinion explained that San Antonio, the only city within the district, holds its governing-body election on the May uniform date in odd-numbered years, so the district wanted its election to line up with the city's.

Didn't a 2009 law create a new window to change election dates?
The opinion explained that the 2009 subsection (a-1) created a window only for subdivisions to move to the November uniform date, not to May, so it did not authorize the district's proposed change.

What are the uniform election dates in Texas?
A footnote in the opinion quoted Election Code section 41.001, which set the dates as the second Saturday in May or the first Tuesday after the first Monday in November.

Background and statutory framework

The Education Code limits how and when a school district holds trustee elections. A trustee of an independent school district serves a term of three or four years, Tex. Educ. Code Ann. § 11.059(a) (West Supp. 2010), and the district's trustees served four-year terms. Trustee elections must be held jointly and on the same date as the election of a municipality's governing body in the district, the general election for state and county officers, or in limited cases a hospital district's board, id. § 11.0581(a), as a joint election under Chapter 271 of the Election Code, id. § 11.0581(b). In 2007 the district moved its election to track the general election date for state and county officers, the November uniform date.

Election Code section 41.0052 governs changes to a political subdivision's election date. Subsection (a) allowed a political subdivision other than a county to change, not later than December 31, 2005, to another authorized uniform election date. Tex. Elec. Code Ann. § 41.0052(a) (West 2010); see also Tex. Att'y Gen. Op. No. GA-0342 (2005) at 4 (a municipality may not change its general election date after the section 41.0052 deadline). Subsection (a-1), added in 2009, let a subdivision not already on the November date change to the November uniform date by December 31, 2010. Tex. Elec. Code Ann. § 41.0052(a-1) (West 2010); Act of May 5, 2009, 81st Leg., R.S., ch. 27, § 1, 2009 Tex. Gen. Laws 48, 48. Because the district wanted the May uniform date, subsection (a-1) did not apply. Reading the statute by its plain language, see FKM P'ship, Ltd. v. Bd. of Regents of Univ. of Houston Sys., 255 S.W.3d 619, 633 (Tex. 2008), the Attorney General concluded the district was prohibited from changing to the May uniform date at that time.

The opinion addressed the district's argument that Education Code section 11.0581's joint-election requirement, enacted after an earlier amendment to section 41.0052(a), might still permit the change. At the time section 11.0581 was enacted, section 41.0052 already barred a school district from changing its election date after December 31, 2005, creating a conflict. But by adding subsection (a-1) in 2009 through House Bill 401, the Legislature prohibited political subdivisions other than counties from changing their election dates unless the change was to the November uniform date. As introduced, House Bill 401 would have allowed the district's desired move, but a committee substitute added subsection (a-1) and kept subsection (a) intact. Under the express terms of section 41.0052, the district could not move its general election to the May uniform date.

Citations

Statutes:

• Tex. Educ. Code Ann. § 11.059(a) (West Supp. 2010)
• Tex. Educ. Code Ann. § 11.0581(a)
• Tex. Educ. Code Ann. § 11.0581(b)
• Tex. Educ. Code Ann. § 11.065(a) (West 2006)
• Tex. Elec. Code Ann. § 41.0052 (West 2010)
• Tex. Elec. Code Ann. § 41.0052(a) (West 2010)
• Tex. Elec. Code Ann. § 41.0052(a-1) (West 2010)
• Tex. Elec. Code Ann. § 1.005(13)
• Tex. Elec. Code Ann. § 41.001(a) (West 2010)
• Tex. Elec. Code Ann. § 41.002

Cases:

• FKM P'ship, Ltd. v. Bd. of Regents of Univ. of Houston Sys., 255 S.W.3d 619, 633 (Tex. 2008)

AG opinions referenced:

• Tex. Att'y Gen. Op. No. GA-0342 (2005)

Legislation referenced:

• House Bill 401, 81st Leg., R.S. (2009)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0832
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2011/ga0832.pdf

Original opinion text

Best-effort transcription from the official PDF. Minor extraction artifacts were corrected; the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS
GREG ABBOTT

January 4, 2011

The Honorable Leticia Van de Putte Opinion No. GA-0832
Chair, Veterans Affairs and Military
Installations Re: Whether the Edgewood Independent School
Texas State Senate District may change the date of its general election
Post Office Box 12068 for school trustees to the uniform election date set by
Austin, Texas 78711-2068 statute in May of odd-numbered years
(RQ-0893-GA)

Dear Senator Van de Putte:

You ask "whether the Edgewood Independent School District (the 'District'), which currently holds its general election for officers on the November uniform election date in even-numbered years, may move its general election date to the uniform election date in May in odd-numbered years."[1]

The Education Code places limitations on how and when a school district can hold elections for members of its board of trustees. Education Code section 11.059 requires that a "trustee of an independent school district serve[s] a term of three or four years." TEX. EDUC. CODE ANN. § 11.059(a) (West Supp. 2010).[2] You explain that "the District Trustees serve four-year terms." Request Letter at 1. In addition to specifying the length of terms for trustees, the Education Code requires that elections for trustees of an independent school district be held jointly and on the same date as elections of (1) the governing body of a municipality located in the school district; (2) general elections for state and county officers; or (3) in certain limited circumstances, members of the governing body of a hospital district. Id. § 11.0581(a); see id. § 11.0581(b) (requiring such elections to be "held as a joint election under Chapter 271, Election Code").

You tell us that in 2007, the District "move[d] its general election date to track the general election date for state and county officers," but that the District would now like to move the election date back to the May uniform election date.[3] Request Letter at 2. You explain that the City of San Antonio is the only municipality located within the District, and it holds its election for the members of its governing body on the May uniform election date in odd-numbered years. Id. at 1-2.

Section 41.0052 of the Election Code generally addresses the authority of political subdivisions, including school districts, to change their election dates:

(a) The governing body of a political subdivision other than a county may, not later than December 31, 2005, change the date on which it holds its general election for officers to another authorized uniform election date.

(a-1) The governing body of a political subdivision, other than a county, that holds its general election for officers on a date other than the November uniform election date may, not later than December 31, 2010, change the date on which it holds its general election for officers to the November uniform election date.

TEX. ELEC. CODE ANN. § 41.0052 (West 2010); see also id. § 1.005(13) (defining "political subdivision").

In construing a statute, we begin with the plain language and apply the statute's common meaning. See FKM P'ship, Ltd. v. Bd. of Regents of Univ. of Houston Sys., 255 S.W.3d 619, 633 (Tex. 2008). By its plain language, subsection 41.0052(a) imposes December 31, 2005 as a deadline by which most political subdivisions, defined to include school districts, may change their general election dates. TEX. ELEC. CODE ANN. § 41.0052(a) (West 2010); see also Tex. Att'y Gen. Op. No. GA-0342 (2005) at 4 (concluding that a municipality may not change the date on which it holds its general elections after the deadline imposed by section 41.0052). By its enactment of subsection 41.0052(a-1) in 2009, the Legislature extended that deadline to December 31, 2010 for most political subdivisions desiring to change the date of their general elections to the November uniform election date. However, because the District desires to change to the May uniform election date, subsection 41.0052(a-1) does not directly apply. TEX. ELEC. CODE ANN. § 41.0052(a-1) (West 2010); Act of May 5, 2009, 81st Leg., R.S., ch. 27, § 1, 2009 Tex. Gen. Laws 48, 48. Thus, based on the plain language alone, it appears that the District is prohibited from changing its election date to the May uniform election date at this time.

You suggest that the District might still be permitted to change the date of its elections because the joint election requirement in Education Code section 11.0581 was enacted after the most recent amendment to subsection 41.0052(a) of the Election Code, and because the later-enacted Election Code subsection 41.0052(a-1) affects only those political subdivisions that hold their general election for officers on a date other than the November uniform election date. Request Letter at 2.[4] At the time of enactment of Education Code section 11.0581, Election Code section 41.0052 prohibited a school district from changing its election date after December 31, 2005, thus creating a conflict between the two provisions. However, by adding Election Code subsection 41.0052(a-1) in 2009 through House Bill 401, the Legislature has since prohibited political subdivisions, other than counties, from changing their election dates unless they change to the November uniform date.[5] Thus, under the express terms of Election Code section 41.0052, the District may not at this time move its general election date to the May uniform election date.

SUMMARY

Through Election Code section 41.0052, the Legislature has prohibited a school district from changing the date for general elections of officers to a date other than the November uniform election date. Edgewood Independent School District therefore may not move its general election date to the uniform election date in May at this time.

Very truly yours,

DANIEL T. HODGE
First Assistant Attorney General

DAVID J. SCHENCK
Deputy Attorney General for Legal Counsel

NANCY S. FULLER
Chair, Opinion Committee

Virginia K. Hoelscher
Assistant Attorney General, Opinion Committee

[1] Request Letter at 1 (available at http://www.texasattorneygeneral.gov).

[2] Subsections (a) and (b) of Education Code section 11.059 "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 two million; and (2) the district's student enrollment is more than 125,000 and less than 200,000." TEX. EDUC. CODE ANN. § 11.065(a) (West 2006).

[3] Section 41.001 of the Election Code, titled "Uniform Election Dates," specifies that "[e]xcept as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates: (1) the second Saturday in May; or (2) the first Tuesday after the first Monday in November." TEX. ELEC. CODE ANN. § 41.001(a) (West 2010). Section 41.002 provides that "[t]he general election for state and county officers shall be held on the first Tuesday after the first Monday in November in even-numbered years." Id. § 41.002.

[4] See Act of May 12, 2006, 79th Leg., 3d C.S., ch. 5, § 11.01, 2006 Tex. Gen. Laws 45, 98-99 (enacting Education Code section 11.0581); Act of May 23, 2005, 79th Leg., R.S., ch. 471, § 3, 2005 Tex. Gen. Laws 1330, 1330 (enacting the current version of Election Code section 41.0052(a)).

[5] As introduced, House Bill 401 simply changed the deadline currently found in subsection (a) to December 31, 2010. See Tex. H.B. 401, 81st Leg., R.S., § 1 (2009) (as introduced). Left unchanged, House Bill 401 would have allowed the District to do what you ask—to change to the uniform May election date. However, the House Committee on Elections reported a committee substitute amending the bill to add subsection (a-1) and maintain subsection (a) as previously enacted. Tex. Comm. Substitute H.B. 401, 81st Leg., R.S., § 1 (2009). By enacting this committee substitute, the Legislature authorized political subdivisions other than counties to change the election date of their officers only to the November uniform election date, thereby prohibiting the change the District now desires. Act of May 5, 2009, 81st Leg., R.S., ch. 27, § 1, 2009 Tex. Gen. Laws 48, 48 (enacting Election Code subsection 41.0052(a-1)).