Election Code Chapter 41

The statute is organized around a small set of interlocking concepts: uniformity of election dates, controlled exceptions, governor-authorized emergency elections, calendar coordination with other laws, duties tied to changing election dates, primary date exclusivity, poll hours and late-voter protections, and the legal consequence of holding an election on an improper date.

Uniform dates and scope. Section 41.001(a) restricts the dates on which general or special elections may occur to three discrete dates, with a conditional category for the first Saturday in May of even-numbered years (only for political subdivisions other than counties, or when ordered by the governor). That creates a default calendar for most elections and a specific path for local or governor-ordered exceptions (Sec. 41.001(a)(1)-(3)).

Enumerated exceptions. Section 41.001(b) identifies specific departures from the uniform-date requirement including runoffs, resolution-of-tie elections, court-ordered elections, governor-ordered emergency elections under Sec. 41.0011 (and resulting runoffs), expedited legislative vacancy elections under Sec. 203.013, elections where another statute expressly excludes the Subsection 41.001(a) requirement, and initial elections for a governing body of a newly incorporated city (Sec. 41.001(b)(1)-(7)). The presence of an “express” statutory carveout indicates the drafters intended other statutes to override uniformity where they do so explicitly (Sec. 41.001(b)(6)).

Emergency early elections. Section 41.0011 creates a discretionary gubernatorial authority to permit a special election earlier than a uniform date when the governor determines that an emergency warrants it. The process requires a local political subdivision to request permission and requires the proclamation to identify the emergency (Secs. 41.0011(a)-(c)). The text gives the governor the operative decision power in the emergency context.

Coordination with other laws. Section 41.004 instructs that when another (external) law requires a special election within a defined period and that election is subject to the uniform-date rule, the election should be scheduled on an authorized uniform date within the period unless time precludes holding it properly; if no uniform date within the period affords enough time, the election is held on the first authorized uniform date after the period expires (Sec. 41.004(a)). Section 41.004(b) states that if the constitution, rather than statute, requires a special election within a set period, the uniform-date rule does not apply.

Changing dates and terms. Sections 41.005 and 41.0052 govern political subdivisions’ obligations when changing their general election dates, including an affirmative duty to adjust the terms of office to conform to the new election date (Sec. 41.005(c); Sec. 41.0052(b)). Section 41.0052 contains specific timelines and special exceptions for different categories of entities and includes multiple legislative-sourced subsections with deadlines and expirations, indicating the legislature layered targeted transition authorities over time.

Primary exclusivity and timing. Section 41.007 fixes primary and runoff primary dates and declares that no other election may be held on the date of a primary election (Sec. 41.007(a)-(d)).

Poll-hour standards and late-voter rules. Section 41.031 sets standard poll hours (7 a.m. to 7 p.m.), subject to Section 41.033 exceptions. Section 41.032 protects voters inside or waiting to enter at 7 p.m., obliges the presiding judge to manage entry or distribute numbered cards when entry cannot be directly controlled, and requires precautions against unauthorized late voting (Secs. 41.031; 41.032(a)-(c)). Section 41.033 allows early poll closing only for entities with fewer than 50 qualified voters where ballots cast equal the number of qualified voters (Sec. 41.033(1)-(2)).

Voidness consequence. Section 41.008 establishes a bright-line legal consequence: an election held on a date not permitted by this subchapter is void (Sec. 41.008). That creates a strong legal check, placing scheduling compliance into the category of jurisdictional or validity-related requirements.

Adjustments to related schedules. Section 41.006 requires that when an election occurs on a date other than one prescribed by other law, related deadlines (for runoffs, filing, canvass, declaration of results, and other official acts) be adjusted so that the same intervals relative to the election date obtain as would be provided by the other law (Sec. 41.006). This creates a mechanical duty to preserve statutory timing relationships when dates shift.

Contracting exemption for counties. Section 41.001(d) expressly disapplies a statutory contracting duty in Section 31.093 for county elections administrators regarding elections held on the Subsection 41.001(a)(2) date (Sec. 41.001(d)). That modifies who is required to enter into service contracts in a specified scheduling circumstance.

Amendment-driven complexity. Multiple sections include lists of Acts and amendments, and Section 41.0052 contains numerous subsections added over multiple legislative sessions with specific effective dates and expirations. The statute’s structure embeds both general rules and layered exceptions and transition rules aimed at particular local categories.

The statute affects multiple actors involved in the planning, administration, and participation in elections across the state, and it assigns decision authority and procedural obligations as follows:

• Political subdivisions. The statute governs the election dates that political subdivisions may use for their general and special elections. Section 41.001(a)(2) permits political subdivisions other than counties to hold elections on the first Saturday in May in even-numbered years; Section 41.005 and Section 41.0052 address governing bodies’ duties when their statutory schedules differ from the subchapter’s uniform dates, including an explicit duty to adjust terms of office to conform to any new election date established under those provisions (Secs. 41.001(a)(2); 41.005(b)-(c); 41.0052(a), (b), (c)). Section 41.0052 also identifies specific categories of political subdivisions and local governments that may change their general election dates subject to deadlines and certain geographic and population-based conditions (Sec. 41.0052(a), (a-1), (a-3), (f), (g)).

• Counties. Counties are directly affected because the statute fixes the general election date for state and county officers (Sec. 41.002) and because the Subsection 41.001(a)(2) May date is not available for counties (Sec. 41.001(a)(2)). Section 41.001(d) clarifies that a county elections administrator is not required to enter into a contract to furnish election services for an election held on the Subsection 41.001(a)(2) date, notwithstanding Section 31.093 (Sec. 41.001(d)). Counties with special geographic or population characteristics may be targeted by section-specific changes in 41.0052 (Sec. 41.0052(g)).

• County elections administrators and election officials. The statute prescribes operational rules for poll hours (Sec. 41.031) and for admission of late voters at close of polls (Sec. 41.032). The presiding judge at the polling place has explicit duties to admit or to distribute numbered identification cards to waiting voters and to prevent unauthorized late voting (Sec. 41.032(b)-(c)). Section 41.033 gives a narrow early-closing exception for entities that meet particular voter-count conditions, which affects election-day staffing and logistics for small entities (Sec. 41.033).

• The governor. The governor has an explicit decision role under Section 41.0011 to determine whether an emergency warrants holding a special election before a uniform date (Sec. 41.0011(a)-(b)). The governor must grant permission if the political subdivision requests an emergency election and the governor determines that an emergency exists; the governor’s proclamation must identify the nature of the emergency (Sec. 41.0011(b)-(c)). The statute thus makes the governor the gatekeeper for nonuniform emergency elections.

• Voters. Voters are affected by the statutory schedule constraints, the specific poll hours (7 a.m. to 7 p.m.), and the statutory protections for voters who arrive before closing time (Sec. 41.031; Sec. 41.032). The early-closing rule in Section 41.033 allows certain very small entities to close earlier only if the number of ballots cast equals the number of qualified voters (Sec. 41.033(1)-(2)). Voters in jurisdictions that change their general election dates will encounter adjusted term lengths of office as governing bodies conform terms to new dates (Sec. 41.005; Sec. 41.0052(b)).

• Newly incorporated cities and other special entities. The statute exempts the initial election of members of a newly incorporated city’s governing body from the uniform-date requirement (Sec. 41.001(b)(7)). Section 41.0052 separately gives newly incorporated cities a limited window (within two years of incorporation) to change the date of their general election to another authorized uniform date (Sec. 41.0052(e), as added).

• Entities subject to other statutory timing rules. The statute interacts with other statutes and constitutional provisions. Section 41.004 requires coordination when another statute outside the election code (other than the constitution) requires a special election within a period, telling authorities to use an authorized uniform date within the period if feasible, otherwise the first authorized uniform date after the period (Sec. 41.004(a)). Section 41.004(b) explicitly states that if the constitution requires the election within a particular period, the uniform-date requirement does not apply (Sec. 41.004(b)). Entities that have statutory restrictions on repeat measures should note Section 41.0041(a), which allows a subsequent election on a corresponding uniform election date even if it falls a number of days short of a required period under another statute (Sec. 41.0041(a)).

• Home-rule cities and entities with charters. Section 41.0052(c) gives a home-rule city authority to implement the change authorized by that section through a resolution, and the resolution supersedes any city charter provision that requires a different general election date or staggered terms, which affects home-rule charter governance structures (Sec. 41.0052(c)).

• Officials handling candidacy, canvassing, and runoffs. Section 41.006 requires adjustment of related statutory deadlines (filing deadlines, canvass schedules, runoff timing, and other official acts) to preserve the same relative intervals as would occur under other law when an election is held on a different date under the subchapter (Sec. 41.006). That imposes a coordination duty on officials administering candidate filing and canvass processes.

The statute creates explicit duties for those who set election dates, administer elections, and process voters, and it secures specific rights for voters in relation to poll-closing. The primary duties and rights are as follows, with textual references:

Election scheduling duties

• Conform to the uniform dates. Except as the subchapter otherwise provides, authorities must hold elections only on the dates permitted: first Saturday in May (odd years), first Saturday in May (even years) for political subdivisions other than counties or if ordered by the governor, or first Tuesday after the first Monday in November (Sec. 41.001(a)). That functions as a default duty for most general and special elections.

• Recognize statutory exceptions. Authorities must not treat the uniform dates as absolute; the statute lists exceptions that relieve the duty, such as runoffs, court-ordered elections, emergency elections under Sec. 41.0011, expedited legislative-vacancy elections under Sec. 203.013, elections allowed by other statutes, and initial elections of newly incorporated cities (Sec. 41.001(b)(1)-(7)). When an exception applies, the duty to use a uniform date does not bind the actor.

• Coordinate with other law that sets a particular period. If an outside statute requires a special election within a particular period and that election is subject to the uniform-date rule, the responsible authority must set the election on an authorized uniform date within the period if feasible; if not feasible because of timing constraints, they must use the first authorized uniform date after the period (Sec. 41.004(a)). If the constitution establishes a timing period, the uniform-date rule does not apply (Sec. 41.004(b)).

• If changing a general election date, adjust terms of office. Governing bodies that change their general election date under Sec. 41.005 or Sec. 41.0052 must adjust office terms to conform to the new date (Secs. 41.005(c); 41.0052(b)).

• Home-rule city authority to use resolution. A home-rule city may effect the change under Sec. 41.0052 by adopting a resolution, and the resolution supersedes conflicting charter provisions concerning the election date or staggered terms (Sec. 41.0052(c)).

Governor and political-subdivision duties

• Local authorities must request emergency permission. A political subdivision authority that desires to order a special emergency election must ask the governor for permission. If the governor determines an emergency exists, the governor shall grant permission (Sec. 41.0011(b)).

• Proclamation content. The governor’s proclamation or order for an emergency election must include a statement identifying the nature of the emergency (Sec. 41.0011(c)).

Election administration duties

• Poll hours. Polls must be open from 7 a.m. to 7 p.m., except as provided by Sec. 41.033 (Sec. 41.031(a)). Polling officials must not conduct voting after the closing time except as Sec. 41.032 permits (Sec. 41.031(b)).

• Late voters. A voter who has not voted before closing is entitled to vote after closing if the voter is inside or waiting to enter the polling place at 7 p.m. The presiding judge is required to direct waiting voters to enter and close the polling place to others, or if that is impracticable, to distribute numbered identification cards to waiting voters and permit only those holding cards to vote after closing. The presiding judge must take precautions to prevent unauthorized post-closing voting (Sec. 41.032(a)-(c)).

• Early-closing conditions. An entity created under specified constitutional provisions may close polls before 7 p.m. only if it has fewer than 50 qualified voters and the number of ballots cast equals the number of qualified voters (Sec. 41.033(1)-(2)).

Administrative and contractual duty modification

• County elections administrator contract exemption. Notwithstanding Section 31.093, a county elections administrator is not required to enter into a contract to furnish election services for an election held on the date described by Sec. 41.001(a)(2) (Sec. 41.001(d)). That is an affirmative disapplication of an external contracting duty.

Adjustments for shifted schedules

• Preserve relative intervals when dates shift. When an election is held on a date other than the date prescribed by other law, related deadlines for runoffs, candidate filing, canvass, declaring results, and other official acts must be adjusted to preserve the same interval of time relative to the election date that the other law would have provided (Sec. 41.006). Administrators and officials have the duty to calculate and implement those adjustments.

Rights preserved for voters

• Right to vote if inside or waiting at closing. The statute gives a concrete right: a voter inside the polling place or waiting to enter at 7 p.m. has the entitlement to vote after closing (Sec. 41.032(a)). The procedure for admitting such voters is allocated to the presiding judge (Sec. 41.032(b)).

Legal consequence and limits

• Voidness for improper-date elections. The statute makes an election held on a date not permitted by the subchapter void (Sec. 41.008). This is the principal legal remedy prescribed by the text for noncompliance with the date rules.

Duties related to primaries and exclusivity

• No other election may be held on a primary date. Section 41.007(d) creates a duty on scheduling authorities not to schedule other elections on primary dates (Sec. 41.007(d)). Primary dates are defined in Sec. 41.007(a)-(c).

Special transition and deadline duties

• Time-limited change authority. Section 41.0052 contains duties or opportunities with express deadlines for certain entities to change their general election dates to the November uniform election date by specified dates (for example, not later than December 31, 2025, for many political subdivisions) and includes subsections with expirations, which imposes timing duties (Sec. 41.0052(a), (a-1), (a-3), (f), (g)).

The statutory text primarily enforces compliance by prescribing validity consequences, control of scheduling by executive authority in emergencies, and operational duties for election officials, rather than by specifying criminal sanctions or administrative fines. The enforcement mechanisms and legal consequences enumerated in the statute are:

Voidness of improperly dated elections

• Section 41.008 prescribes the principal legal enforcement mechanism: "An election held on a date not permitted by this subchapter is void" (Sec. 41.008). The statute therefore attaches invalidity to noncompliant scheduling. The voidness consequence directly affects the legal status of the election, the validity of results, and any subsequent legal rights premised on the election outcome.

Governor’s gatekeeping authority in emergencies

• The governor’s discretion to determine that an emergency warrants an earlier special election is a form of administrative enforcement and control (Sec. 41.0011(a)). The governor decides whether to permit deviation from the uniform dates and must grant permission if the governor determines that an emergency exists after a political subdivision requests permission (Sec. 41.0011(b)). The requirement to include a statement identifying the nature of the emergency in the proclamation or order creates a record that could be reviewed if questions about the propriety of the emergency election arose (Sec. 41.0011(c)). The governor’s decision is the statutory authorization for a nonuniform date in those circumstances.

Presiding judge responsibilities and safeguards

• Sections 41.031 and 41.032 place operational duties on presiding judges and poll officials. Presiding judges must admit voters who are inside or waiting at the time polls close, or distribute numbered identification cards if admitting waiting voters is impracticable, and take precautions to prevent unauthorized late voting (Secs. 41.031; 41.032(b)-(c)). These provisions create enforceable procedural standards at the polling place; failure to comply could be relevant to any contest or challenge to the conduct of the election or the validity of votes cast after closing time.

Contracting exemption as regulatory relief

• Section 41.001(d) operates as a regulatory adjustment rather than a penalty. It disapplies a contracting duty in Section 31.093 for county elections administrators for elections held on the Subsection 41.001(a)(2) date (Sec. 41.001(d)). The provision modifies an external duty and therefore changes enforcement expectations for contracting compliance in the stated circumstance.

Judicial consequences implied by voidness

• The voidness rule in Sec. 41.008 implies judicial enforceability: a court or tribunal challenged with the validity of an election may have authority to declare the election void based on this statutory provision. The statute itself does not specify the procedures for seeking judicial relief, or the timeframe for challenges; it provides only the substantive legal consequence. The text does not include a damages clause, criminal penalties, or express administrative sanctions tied to scheduling violations.

No specified criminal penalties or fines

• The statute does not include express misdemeanor or felony penalties, civil fines, or administrative sanction mechanisms tied specifically to violating the uniform election date rules. The only explicit statutory legal consequence for holding an election on an unauthorized date is voidness (Sec. 41.008). Enforcement thus operates predominantly through invalidation rather than monetary or criminal penalties.

No express administrative appeal path or review for governor decisions

• The statute requires the governor to grant permission if the governor determines an emergency exists after a request (Sec. 41.0011(b)), and requires the proclamation to state the nature of the emergency (Sec. 41.0011(c)). The text does not specify an internal administrative review process, standards for judicial review of the governor’s emergency determination, or time limits for initiating such review. The statute’s silence leaves the procedural enforcement and review mechanisms for the governor’s determinations to other law, applicable administrative procedures, or judicial oversight mechanisms outside this subchapter.

Operational compliance enforcement via polling rules

• The poll-hour and late-voter provisions (Secs. 41.031-41.032) allocate responsibilities to on-site officials and carry the implication that noncompliance could affect the legal status of ballots cast outside authorized times or in violation of the prescribed procedures. While the statute does not set a formal penalty schedule for such operational violations, these provisions supply the standards that would likely frame any administrative or judicial review of election-day conduct.

The subchapter contains multiple explicit cross-references to other statutory and constitutional authorities and sets rules for coordination when external laws impose timing constraints. The statute interacts with other laws in the following ways:

Prioritization between statutes and constitution

• Section 41.004(b) states that if the constitution requires a special election to be held within a particular period after an event, the uniform-date rule in this subchapter does not apply (Sec. 41.004(b)). That places constitutional timing requirements above the subchapter’s uniform-date rule, with the constitution as controlling for those situations.

Coordination with statutes outside the election code

• Section 41.004(a) governs how to reconcile other statutes (outside the election code) that require a special election within a particular period with the uniform-date requirements. The rule is: hold the election on an authorized uniform date occurring within the statutory period unless no uniform election date within the period affords enough time to hold the election in the manner required by law; if no such date exists, hold the election on the first authorized uniform date occurring after the expiration of the period (Sec. 41.004(a)). This text imposes a duty of temporal coordination and establishes a hierarchy for scheduling where an external statute contains a timing requirement.

Express statutory carveouts prevail

• Section 41.001(b)(6) preserves the operation of other statutes that "expressly provide" that the Subsection 41.001(a) requirement does not apply to a particular election. That signals legislative intent that where the legislature expressly exempts an election in another statute, the exemption controls over the uniform-date scheme (Sec. 41.001(b)(6)).

Adjustment of related schedules when dates shift

• Section 41.006 requires that when an election is held on a date other than that prescribed by other law, related deadlines and schedules (runoff dates, filing deadlines, canvassing returns, declaring results, and other official acts) be adjusted to allow the same intervals in relation to the election date as would be provided by the other law (Sec. 41.006). This creates a mechanical interoperability rule: election administrators must map statutory timing relationships from the original dates to the substituted date.

Disapplication of contracting duty notwithstanding other statute

• Section 41.001(d) explicitly overrides the apparent requirements of Section 31.093 with respect to county elections administrators’ obligation to enter into contracts to furnish election services for elections held on the date described by Subsection 41.001(a)(2) (Sec. 41.001(d)). The phrase "Notwithstanding Section 31.093" signals a direct, textual conflict resolution in favor of the present subchapter for that circumstance.

Interplay with expedited legislative-vacancy process

• Section 41.001(b)(5) carves out "an expedited election to fill a vacancy in the legislature held under Section 203.013" from the uniform-date requirement (Sec. 41.001(b)(5)). That identifies a statutory cross-reference where a separate statutory process for filling legislative vacancies operates independently from the uniform dates.

Home-rule city charter interaction

• Section 41.0052(c) explicitly allows a home-rule city to implement an authorized change to its election date by resolution, and states that the resolution supersedes a city charter provision requiring a different general election date or requiring staggered terms (Sec. 41.0052(c)). This clause expressly resolves potential conflicts between a home-rule charter and the election-code change mechanism.

Temporal exceptions and expirations

• Several subsections in Section 41.0052 include express effective dates and expirations and were adopted by later legislative Acts referenced in the amendment list at the end of that section. The presence of these time-limited subsections means interaction with other laws can vary across time depending on which transition authorities are operative (Sec. 41.0052 text and subsequent amendment entries). For example, certain subsections have expiration dates (e.g., a subsection that "expires January 1, 2027") which affects the intertemporal relationship of the code with other timing statutes.

Measure-repeat statute interaction

• Section 41.0041(a) addresses interaction with other statutes that "prohibit another election from being held on the same or a similar measure for a specified number of years after an election on a measure." It provides that a subsequent election on the measure may be held on the corresponding uniform election date even if that date falls short of the required period in days (Sec. 41.0041(a)). This creates a specific rule for aligning measure-repeat restrictions with uniform dates.

Primaries exclusivity and scheduling conflicts

• Section 41.007(d) states that "No other election may be held on the date of a primary election" (Sec. 41.007(d)). That creates an interaction rule: other elections must be scheduled around primary dates, which may conflict with external statutes that otherwise would place an election during a primary date. The subchapter puts primaries in an exclusive scheduling category, requiring other laws or authorities to avoid placing elections on primary dates unless an express exception applies elsewhere.

Newly incorporated city elections

• Section 41.001(b)(7) exempts the initial election of the members of the governing body of a newly incorporated city from the uniform-date requirement, and Section 41.0052(e) permits the governing body of a newly incorporated city, not later than the second anniversary of incorporation, to change its general election to another authorized uniform date (Secs. 41.001(b)(7); 41.0052(e)). That coordinates the subchapter with local incorporation events.

Absence of procedural rules for judicial review in the text

• While the subchapter sets substantive rules and identifies voidness as the consequence of improper dates, it does not include procedural rules for court challenges, nor does it specify the relationship of this statute to statutory provisions governing election contests, judicial intervention, or remedies in other chapters. The statute’s silence leaves interaction with judicial procedural provisions to be determined by the procedural framework external to this subchapter.

The statutory text supplies a detailed chain of legislative amendments and effective dates appended to each provision. The amendments reflect iterative changes to dates, exceptions, administrative provisions, and transitional authorities. The provided amendment history entries are the statute’s own record of enactments. Key elements from the amendment history in the source text include:

General enactment and early amendments

• The subchapter was originally enacted as Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Several early amendments followed, with amendments listed for the mid and late 1980s and early 1990s across multiple Acts and special sessions noted in the per-section lists.

Section-specific amendment chronology (selected highlights as stated in the text)

• Sec. 41.001. The section includes an amendment list spanning Acts 1986, 1987, 1991, 1993, 1997, 1999, 2001, 2003 regular and special sessions, and more. It was repealed and amended in parts by Acts 2005, 79th Leg., Ch. 471 (H.B. 57), with Secs. 1, 2, and 9 listed as effective October 1, 2005. Later amendments include Acts 2011 (H.B. 2144; S.B. 100), Acts 2015 (S.B. 1703; H.B. 2354), and Acts 2021 (H.B. 3107), with the statutory text listing the relevant sections and effective dates.

• Sec. 41.0011. Added by Acts 1991, 72nd Leg., ch. 389, Sec. 2, eff. Sept. 1, 1991. That provision establishes the emergency early-election authority for the governor.

• Sec. 41.002. Enacted in the 1985 Act with effective date Jan. 1, 1986, fixing the general election date for state and county officers.

• Sec. 41.004 and Sec. 41.0041. Both added by Acts 1991, 72nd Leg., ch. 389, Sec. 2, eff. Sept. 1, 1991. Section 41.0041 contains an amendment listing indicating Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 26(4) repealed subsection (b) effective Sept. 1, 2009.

• Sec. 41.005 and Sec. 41.0052. Section 41.005 was amended in 1991. Section 41.0052 was added by Acts 1993, 73rd Leg., ch. 728, Sec. 11, eff. Sept. 1, 1993, and contains an extensive list of subsequent amendments, including Acts in 1997, 1999, 2003, 2005, 2009, 2011, 2013, 2015, 2017, 2023, and multiple entries for Acts 2025 with specific chapter and bill identifications and varied effective dates. The 41.0052 list indicates the legislature has layered multiple targeted changes and added temporary or geographically specific provisions over time.

• Sec. 41.006 and Sec. 41.007. Both were enacted in 1985 with later amendments: Sec. 41.007 shows amendments in 1986, 2003, and Acts 2011 (S.B. 100), with effective dates noted; Sec. 41.006 lists Acts 1985 only in the core enactment note.

• Sec. 41.008, Sec. 41.031, Sec. 41.032, Sec. 41.033. These provisions were included in the original 1985 text with later amendments: Sec. 41.031 was amended by Acts 1997, ch. 1070; Sec. 41.033 was added by Acts 1997, ch. 1070, Sec. 49, eff. Sept. 1, 1997.

Specific effective dates and Acts cited in the statutory text

• The statute repeatedly annotates each change with the session law citation and stated effective date. Examples from the text: Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Secs. 1, 2, 9, eff. October 1, 2005; Acts 2011, 82nd Leg., R.S., Ch. 519 (H.B. 2144), Sec. 1, eff. September 1, 2011; Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 4, eff. September 1, 2015; Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 37, eff. September 1, 2021. Section 41.0052 lists additional 2023 and 2025 amendments with specific chapter and bill numbers and effective dates (e.g., 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).

Temporal and targeted changes

• Several subsections in Section 41.0052 were explicitly added with targeted applicability (population thresholds, geographic references, festival-hosting municipalities) and with deadlines for when governing bodies may effect changes. Some subsections include explicit expiration dates, for example, a subsection granting authority that "expires January 1, 2027" (Sec. 41.0052(f) as stated in the text). The amendment history demonstrates the legislature has repeatedly used Sec. 41.0052 to authorize specific, time-limited adjustments for particular jurisdictions.

Record of repeal and replacement

• The text includes indications of repeals within the amendment history, for example: "(e) Repealed by Acts 2005, 79th Leg., Ch. 471, Sec. 9, eff. October 1, 2005)" appended to Sec. 41.001. That indicates the statute retains an internal record of repeal actions and the effective timing for repeal.

Use of multiple sessions and special sessions

• The amendment entries encompass regular sessions, special sessions, and multiple legislative years; the statute therefore reflects an accumulation of incremental legislative changes. Each listed Act is tied to a specific bill number and effective date in the text.

The statute’s own amendment-history text is the only source provided in the supplied material for tracing legislative changes. It documents numerous Acts and effective dates for each section, and shows a pattern of initial codification in 1985 with successive targeted amendments, including multiple entries in 2023 and 2025 for Section 41.0052. Users relying on the text should consult the section-level amendment entries embedded in each section for the precise Acts and effective dates relevant to that section.

The supplied statutory text does not include any judicial decisions, case citations, or an internal litigation summary. The statute names no cases, and no court opinions or adjudicative outcomes are referenced in the text provided. The absence of litigation-related entries in the statute itself means:

• The statute does not record any judicial construction, enforcement, or challenges within its body. Where a statutory provision produces legal disputes, those disputes would be reflected in external case law, which is not included in the supplied material.

• The subchapter creates legal consequences (for example, voidness under Sec. 41.008) that in practice could generate litigation, but the statute itself does not specify procedural mechanisms or document any past or present court decisions interpreting or applying these provisions.

• For any party seeking to understand how courts have interpreted or applied the subchapter’s provisions , for example, how strictly courts treat the voidness rule in Sec. 41.008, how judicial review has handled governor determinations under Sec. 41.0011, or how courts have treated adjustments under Sec. 41.006 , it is necessary to consult external judicial decisions, administrative rulings, or secondary sources. Those materials are not present in the statutory text provided.

• The statute does contain textual cross-references to other statutory provisions and to constitutional provisions (e.g., references to Section 203.013, Section 31.093, and Article sections), and litigation may have arisen in contexts involving those cross-referenced provisions. The statute does not summarize or recount any litigation concerning those cross-references.

• Where a user must rely on precedent for enforcement strategy, contesting elections, or interpreting operational provisions, the statutory text’s silence on litigation history requires an independent search of appellate and trial-court records, which the statute itself does not supply.

In short, the supplied statute presents substantive rules and consequences but contains no internal record of litigation or judicial interpretation. Users should treat the lack of litigation history in the statute as a gap requiring external case-law research for authoritative judicial construction or procedural guidance.

The statute contains several features and drafting choices that create practical pitfalls for officials and other stakeholders. These "gotchas" derive directly from the text and should be considered during planning and administration:

Voidness for scheduling errors (Sec. 41.008). The single-sentence rule that an election held on a date not permitted by this subchapter is void means that a scheduling mistake can nullify an election’s legal effect (Sec. 41.008). There is no mitigating intermediate sanction in the subchapter. Administrators must therefore exercise strict calendar discipline when scheduling elections.

Narrow emergency authority and governor gatekeeping (Sec. 41.0011). A political subdivision cannot unilaterally declare a special emergency election prior to uniform dates; it must request permission and wait for the governor’s determination (Sec. 41.0011(b)). The governor must determine that an emergency exists and must include the nature of the emergency in the proclamation or order (Sec. 41.0011(c)). Practical risk: delays in obtaining gubernatorial permission could affect timely filling of vacancies or addressing urgent local matters.

Primary date exclusivity (Sec. 41.007(d)). The prohibition on holding any other election on a primary date creates scheduling constraints. Authorities planning special elections or municipal elections must avoid primary dates unless expressly exempted elsewhere; accidental scheduling on a primary date can trigger the voidness result (Sec. 41.007(d); Sec. 41.008).

Coordination requirement with other statutes and the constitution (Secs. 41.004 and 41.004(b)). When another statute outside the code requires a special election within a certain period, the election must be scheduled on an authorized uniform date if feasible, otherwise on the first authorized uniform date after the period ends (Sec. 41.004(a)). But when the constitution requires a special election within a period, the uniform-date rule does not apply (Sec. 41.004(b)). Actors must determine whether the timing requirement they face is statutory or constitutional in nature and then apply different coordination rules.

Contracting-exemption nuance (Sec. 41.001(d)). Section 41.001(d) disapplies Section 31.093’s contracting duty for county elections administrators for elections on the Subsection 41.001(a)(2) date. Practically, that means an administrator is not required to enter into a contract, but the text does not state the alternative sourcing mechanisms. Entities assuming that contracting or inaction is allowed must confirm this limited disapplication applies to their circumstance (Sec. 41.001(d)).

Term adjustments when changing election dates (Secs. 41.005 and 41.0052). Governing bodies that change election dates must adjust terms to conform to the new dates (Sec. 41.005(c); Sec. 41.0052(b)). Changes by home-rule cities via resolution supersede charter provisions requiring different dates or staggered terms (Sec. 41.0052(c)). Practical effects include altered term lengths and potential political or administrative consequences; the statute does not provide details on whether adjustments could create interim vacancies or how to compute new term end dates beyond referencing constitutional holdover rules in one place (Sec. 41.0052(d)).

Time-limited and geographically specific authorities (Sec. 41.0052). Section 41.0052 contains subsections with targeted demographic and geographical conditions and with explicit deadlines and expirations. For example, some authorities are limited to municipalities on the Texas-Mexico border hosting a particular festival, or to counties meeting tight population criteria, and some subsections expire on January 1, 2027 (Sec. 41.0052(a-3); Sec. 41.0052(f), as stated). Users must track which subsections are operative at a given time and whether actions must occur before a statutory deadline.

Late-voter procedures and impracticability trigger (Sec. 41.032). The presiding judge must either admit waiting voters to enter and close the polling place or, if that is impracticable, distribute numbered identification cards to waiting voters and permit entry only for cardholders. The statute leaves the determination of "impracticable" to election officials without further objective criteria (Sec. 41.032(b)). That creates a potential source of dispute about whether procedures were properly followed if the presiding judge relies on the impracticability option.

Small-entity early-closing exception conditions (Sec. 41.033). Early closing before 7 p.m. is permitted only for entities created under specific constitutional provisions that have fewer than 50 qualified voters and where the number of ballots cast equals the number of qualified voters (Sec. 41.033(1)-(2)). The double condition is exacting; miscounting or misunderstanding the qualifying criteria could expose officials to the risk that ballots cast after a premature closing are treated as invalid.

Ambiguity about procedural remedies and review (general). The statute sets substantive rules and consequences but does not specify procedural timelines or mechanisms for judicial review, contesting an election, or formal administrative appeals in the event of contention over scheduling, a governor proclamation, or the validity of ballots cast after polls close. Entities confronted with disputes will need to consult procedural authorities outside the subchapter.

Interplay with constitutional or other statutory deadlines (Sec. 41.004). When another statute imposes a time window, and no uniform election date fits within that window, the statute directs that the election be held on the first authorized uniform date after the period. That can result in delays beyond the legislatively contemplated period unless the constitution requires otherwise (Sec. 41.004(a)-(b)).

Relevance of amendment timing and effective dates. The amendment history shows numerous changes, including targeted changes in 2023 and 2025 for Sec. 41.0052. Practically, actors relying on earlier versions must confirm which text is current as of the date action is taken and be aware that some subsections may have been added or will come into effect on different future dates.

Compliance requires calendar discipline, timely requests where emergencies are asserted, strict adherence to polling rules, and attention to the statute’s coordination and term-adjustment requirements. Steps grounded in the statutory text:

1. Select an authorized date. For general or special elections, choose one of the dates authorized by Sec. 41.001(a): first Saturday in May in odd-numbered years; first Saturday in May in even-numbered years only for political subdivisions other than counties or if the governor orders it; or the first Tuesday after the first Monday in November (Sec. 41.001(a)(1)-(3)). If the election falls into an exception listed in Sec. 41.001(b), document which exception applies.

2. Check for statutory or constitutional timing mandates. If another statute outside the election code requires an election within a particular period after an event, follow Sec. 41.004(a): schedule on an authorized uniform date within the period if feasible; if no uniform date within the period affords enough time, schedule on the first authorized uniform date after the period (Sec. 41.004(a)). If a constitutional provision imposes the timing requirement, note that Sec. 41.001(a) does not apply (Sec. 41.004(b)).

3. Avoid primary dates. Do not schedule any other election on a primary date, since Sec. 41.007(d) prohibits any other election on the date of a primary (Sec. 41.007(d)). Primary dates are defined in Sec. 41.007(a)-(c).

4. If you need an earlier special election for an emergency, follow the governor-request process. A political subdivision seeking to hold an emergency special election must request permission from the governor. Do not proceed until permission has been granted. The governor must determine that an emergency exists and must include a statement in the proclamation identifying the nature of the emergency (Secs. 41.0011(a)-(c)). Preserve the written request and the governor’s proclamation to create the record required by Sec. 41.0011.

5. Conform contracting decisions for county elections administrators. If the election is held on the Subsection 41.001(a)(2) date, understand that a county elections administrator is not required to enter into a contract to furnish election services under Section 31.093 as applied to that situation (Sec. 41.001(d)). Confirm the applicability of this disapplication before relying on it.

6. Adjust office terms if changing a general election date. If a governing body changes its general election date under Sec. 41.005 or Sec. 41.0052, take the necessary official action to modify terms of office so they conform to the new election date, and record those adjustments with the appropriate legal documentation (Sec. 41.005(c); Sec. 41.0052(b)). Home-rule cities should adopt a resolution if using Sec. 41.0052(c) to effect the change, and understand the resolution will supersede a city charter provision requiring a different date or staggered terms (Sec. 41.0052(c)).

7. Observe Sec. 41.0052 timing windows and special conditions. For any entity relying on Sec. 41.0052 authorities, confirm that the entity’s circumstances match the subsection’s population or geographic thresholds, and complete any required changes before the subsection’s deadlines (e.g., "not later than December 31, 2025" or other dates listed in the relevant subsection). Be aware of subsections that include expiration dates and act within those windows (Sec. 41.0052(a), (a-1), (a-3), (f), (g)).

8. Preserve statutory intervals when changing timing. When an election date is moved under this subchapter, adjust related deadlines for runoffs, filing, canvass, declaration of results, and other official acts to preserve the