ORDER LdO. 17293
O R D E R O F S P E C I A L E L E C T I O N
O R D E N D E E L E C C I O N E SPEC I A L
An election is hereby ordered to be held on August 8, 1987 for the purpose of voting
Por la presente se ordena que se llevarb a cabo una eleccibn el dia 8 de Agosto,
1987, para votar.
"FOR" or "AGAINST"
(A favor de) o (En Contra de)
"Adoption of a one-half percent County sales and use tax within the
County to be used to reduce the County property tax rate."
"La aprobacibn de un impuesto de un medio por ciento sobre la
utilizacibn y la yenta de bienes dentro del condado que se usar'a
para reducir el tipo del impuesto sobre bienes del condado."
Absentee voting by personal appearance will be conducted each weekday at:
La cotacibn en ausencia en persona se llevar~ a cabo de lunes a viernes en:
KERR COUNTY COURTHOUSE - COUNTY CLERK'S OFFICE
between the hours of 8:00 a.m. and 5:00 p.m, beginning on July 20, 1987 and ending
on August 4, 1987.
entre las 8:00 de 1a manana y las 5:00 de la tarde empezando e1 dia 20 de Julio,
1987, y terminando el dia 4 de Agosto, 1987.
Applications for ballot by mail shall be mailed to:
Los solicitudes para boletas que se votarbn en ausencia por correo deber'~n enviarse a:
PATRICIA DYE - COUNTY CLERK
Patricia Dye - SECRETARIO DEL CONDADO
KERR COUNTY COURTHOUSE
(Address) (Direccibn)
Kerrville, Texas 78028
(City) (Ciudad) (Zip Code) (Zona Postal)
Application for ballots by mail must be received no later than the close of business
on July 31, 1987.
Las solicitudes para boletas que se votar'~n en ausencia por correo deberbn recibirse
para el fin de las houas de negocio el dia 31 de Julio, 1987.
Issued this the 8
Emitida este dia 8
day of June 1987.
de Junio 1987
/~
(Firma duel Juez del Condado)
Danny R. Edwards
Office of the
SECRETARY OF STATE
MAR - 2 REC'0
Jack M. Rains
SECRETARY OF STATE
	MEMO RAND UM
EXECUTI V E DI VISION	
P.O. Box 12697	
Austin, Texas 78711	
	TO: County Clerks and Elections Administrators
Publications	
P.O. Box 13824	~

S1z 463-5561	•-
_
FROM: Jack M, Rains, Secretary of State V~ V
ELECTIONS DIVISION	
P.o.e„xlzo6o	DATE; January 29, 1987
512 463.5650	
Disclosure Filings Section	RE: Federal preclearance of House Rill 79 (1986)
P.o.eoxlzo7o	providing for sales and use tax election
512 463-5704	
DATA SERVICES	
DIVISION	
P.o.eoxlzsa7
512 463-5609	
y
This is to inform ou that this office has received a letter
	from the U.S. Department of Justice preclearing House Bill
SUPPORT SERVICES	79, Act of September 27, 1986, ch. 10, 1986 Tex. Sess. Law
DIVISION	Serv. 22 (Vernon) which authorizes certain counties and
Financial Management	incorporated cities or towns to conduct local option elec-
P.o.Bnxlz&a7	lions on adoption of sales and use taxes. It also author-
512 463-5600	
izes certain incorporated cities and towns to establish mass
StaliServices	transit departments and to conduct elections on whether to
~
P.o. Bnx lz3a7
slz 463-ssoo	ado t additional sales and use taxes and to issue bonds.
P
	Further explanation of the county election provided for
STATUTORY FILINGS	under this bill is found below.
DIVISION	
cnrporatinns The Justice Department indicated in its letter that it
P.O. Bux 13697 considers H.B. 79 to be enabling legislation, and that prior
512 463-5555
to holding an election under its provisions the authority
Statutory Documents calling the election must submit the election procedures and
P.o.eoxlzsa7 an than es affectin votin (e. bilin ual election
512 463-5654 Y g g g g•. g
procedures, polling places) for preclearance pursuant to
Uniform Commercial Code Section 5 of the Voting Rights Act of 1965, as amended (42
P.o. Box 13193 U.S.C. § 1973c). Rules for submittin re uests for re-
s1z46z-Ilss g 4 P
clearance are contained under 28 C.F.R. 51.48.
Certain counties may by a majority vote of the county voters
impose a sales and use tax of one-half of one percent to be
used to reduce the county property tax rate.
MEMORANDUM
Page 2
A. Counties disqualified from holding such an election
A county is not authorized to hold such an election or
impose such a tax if any part of the county:
1) is included within a rapid transit authority
created under art. 1118x, Tex. Rev. Civ. Stat.
(Vernon Supp. 1987); or
2) is included within a regional transportation
authority created under art. 1118y, Tex. Rev. Civ.
Stat. (Vernon Supp. 1987).
Information compiled by the office of State Representative
Stan Schlueter (tel. 512-463-0684), the sponsor of H.B. 79,
s}iows that the following Texas counties are ineligible to
impose a sales and use tax under the act: Bexar, Collin,
Dallas, Harris, Nueces, San Patricio, Tarrant, Travi-'s, and
Williamson.
B. Calling an election to-ado
The commissioners court
ty vote'of its members,
voters of the county in
percent of the number o
order an election to be
adopting the tax.
the tax by ordinance or
of an eligible county may by majori-
and must upon petition of registered
a number equal to at least five (5)
E registered voters in the county,
held in the county on the issue of
If the commissioners court receives a petition, the court
has 30 days to determine the petition's sufficiency, and
must order the election within 60 days of the petition's
receipt if it finds the petition sufficient.
Additionally, H.B. 1216 (1985) requires the petition to
contain, in addition to the voter's signature, the voter's
printed name, residence address, voter registration certifi-
cate number (not required to be in signer's handwriting),
and the date of signing.
C. Election dates
less than 30 da s from the date of the order_,calling the
elect on. Available uniform election dates under Tex. Elec.
Code §§ 41.003 for 1987 would be the first Saturday in
April, the second Saturday in August, or the first Tuesday
after the first Monday in November. Please note that S.B.
4, Act of September 11, 1986, ch. 14, § 7, 1986 Tex. Sess.
Law Serv. 630 (Vernon) eliminates the April uniform election
date and establishes a new uniform election date on the
MEMORANDUM
Page 3
third Saturday in May, beginning in 1988. Please note that
in the case of counties holding elections on such a
proposition, the even-numbered year November uniform date
would be available, under Election Code, Section 41.003.
D. Notice of Election
House_Bill 79 provides for notice of the eiPnt~cn by »n hti-
cat;on _. ^SnbStant.i a7 c-t~p}r" tff the nrAar rallinrt +ho olnn-
tion must__.1~~__nublished ~_the s.~ day_ two successive weeks
--- _
prior to the eye ion_ If no newspaper of general circula-
tion is published withing the county, a newspaper of general
circulation in the county will be sufficient.
E. Wording of the reposition on the ballot
The proposition to adopt the tax is to appear on the ballot
as follows: "For" or "Aaainst" the "Adoption of a one-half.
F. Effective date of adoption
In order to allow time for the Comptroller's administrative
duties under H.B. 79, one whole calendar quarter must elapse
after the Comptroller receives notice of adoption of the
tax, after which time the county sales and use tax is
effective beginning on the first day of the calendar year
after the elapsed quarter.
G. Election to abolish the additional tax
In a county in which the tax has been adopted, an abolition
election may be called and held in the same manner as an
adoption election. The law further provides for the form in
which the proposition to abolish the tax is to appear on the
ballot: "For" or "Against" the "Abolition of the county
sales and use tax within the county."
A majority vote. of voters voting is sufficient for aboli-
tion. if the abolition proposition passes, the abolition
becomes effective in the county on the first day of the
first calendar year that begins on or after the first day of
the first county fiscal year that begins at least 30 days
after the Comptroller receives the notice of abolition of
the tax.
MEMORANDUM
Page 4
H. Canvass of election
within 10__d~s after an
commissioners court mus
county judq_e_must then forward to the Comp roll r hl. tt_S_
Registered Mail or Certified Mail. a certifie o of e.
reso ution of the commissioners court's canvass of. returns
and. declaration of the election results. If the abolition
election results are against the abolition of the tax, the
notice is not required to be sent to the Comptroller.
I. Frequency of elections
No adoption or abolition election may be held in the county
within a year of a previous adoption or abolition election.
if you have any questions, please do not hesitate to contact
this office at (512) 463-5650 or toll free at 1-800-252-VOTE
(E683).
MJ:mhmem3

__ ___..
§ 3.004
(1) the county judge, for the general election for officers of the
county government;
(2) the mayor, for the general election for city officers; and
(3) the governing body of a political subdivision, other than a county
or city, that has elective offices, for the general election for those
officers.
(b} If a law providing far an election relating to the affairs of a
political subdivision does not designate the authority responsible for
ordering the election, the governing body of the political subdivision shall
order the election.
Historical Note
Prior Law: Rev.Civ.St. 1925, arts. 2947, 2951.
Acts 1905, 29th Leg., 1st C.S., p. 528, ch. Acts 1951, 52nd Leg., p. 1097, ch. 492,
11, §§ 31, 34. §§ 29, 31.
Rev.CimSt. 1911, arts. 2930, '2934. V.A.T.S. Election Code, arts. 4,02; 4.06.
§ 3.005. Time-for Ordering Election
An election ordered by an authority of a political subdivision shall be
ordered not later than the 45th day before election day.
3.006. Contents of Election Order
In addition to any other elements required to be included in an election
order by other law, each election order must state the date of the election
and the offices or measures to be voted on at the election.
Historical Nole
Prior Law: Rev.Civ.St. 1925, art. 2947.
Acts 1905, 29th Leg., ist C.S., p. 528, ch, Acts 1951, 52nd Leg., p. 1097, ch. 492,
11,§31. §25.
Rev.Civ.St. 1911, art. 2930. V.A.T.S. Election Code, art. 4.02.
3.007. Failure to Order General Election
Failure to order a general election does not affect the validity,of the,.
election.
Historical Note
Prior Law: Rev.Civ.St. 1925, art. 2949.
Acts 1905, 29th Leg., 1st C.S., p. 528, ch. Acts 1951, 52nd Leg., p. 1097, ch. 492,
11, § 31. § 27,
Rev.Civ.St. 19]1, art. 2932. V.A.T.S. Election Code, art. 4.04.
3.008. Preservation of Election Order
{a} The authority ordering an election shall preserve the order, procla-
mation, or other document ordering the election for the period for
preserving the precinct election records.
20
i
<»,;
ELECTION CODE
Title 1 j
§ 4.003 ELECTION CODE
Title 1
§ 4.003. Method of Giving Notice
(a) Except as provided by Subsection (c), notice of an election must be
given by any one or more of the following methods:
} (1) by publishing the notice at ]east once, not earlier than the 30th
day or later than the 10th day before election day:
(A) in a newspaper pubiished in the territory that is covered by
the election and is in the jurisdiction of the authority responsible for
giving the notice; or
s
(B) in a newspaper of general circulation in the territory if none is
published in the jurisdiction of the authority responsible for giving
the notice;
(2) by posting, not later than the 21st day before election day, a copy
~ of the notice at a public place in each election precinct that is in the
jurisdiction of the authority responsible for giving the notice; or
(3) by mailing, not later than the 10th day before election day, a
copy of the notice to each registered voter of the territory that is
covered by the election and is in the jurisdiction of the authority
responsible for giving the notice.
(b) In addition to any other notice given for an election under Subsec-
tion (a), not later than the 21st day before election day, the authority
responsible for giving notice of the election shall post a copy of the
notice on the bulletin board used for posting notices of the meetings of
the governing body of the political subdivision that the authority serves.
(c) In addih~'on to ar~~~ther notice given, notice of an election ordered
r0 uYa,..4L _ lu
by " °°"' or by an authority of a city or school district
must be given by the method prescribed by Subsection (a)(1).
(d) If other law prescribes the method of giving notice of an election,:
that law supersedes this. section, except that Subsection (c} applies
regardless of the notice requirements prescribed by other law with
respect to an election covered by that subsection.
_ Historical Note
Prior Law: Acts 1967, 60th Leg„ p. 1218, ch. 594, § I.
Acts 7905, 29th Leg., 1st C.S., p. 528, ch. Acts 1969, 61st Leg., p. 2662, ch. 878, § 5.
11, § 33. Acts 1979, 66th Leg., p. 2315, ch. 841,
Rev.Civ.St 1911, art. 2933. § 4(a),
Rev.Civ.St. 1925, art. 2950. Acts 1981, 67th Leg., p. 458, ch. 193, § 2.
Acts 1951, 52nd Leg., p. 1097, ch. 492, V.A.T.S. Election Code, arc 4.05.
§ 28. Vernon's Ann,Civ.St art 29e.
§ 4.004. Contents of Notice -
(a) The notice of a general or special election must state:
(I) the nature and date of the election; -
(2) except as provided by Subsection (c), the location of each polling
place; -
22
INTRODUCTORY' PRO`'ISIONS § 4.005
Ch. 4
(3) the hours that the polls will be open; and
(4) any other information required by other law,
(b) The notice of a special election must also state each office to be
filled or the proposition stating each measure to be voted on. This
subsection does not apply to an election on a proposed constitutional
amendment.
(c) If notice of an election is given by posting the notice in the various
election precincts, the notice posted in a precinct is not required to state
the location of the polling places in other precincts.
Historical Note
Prior Law: Rev.Civ.St. 1925, art. 2950.
Acts 1905, 29th Leg., 1st C.S., p. 528, ch. Acts 1951, 52nd Leg., p. 1097, ch. 492,
11, § 33. § 23.
Acts 1969, 61st Leg., p. 2662, ch. 878, § 5.
Rev.Civ.St. 1911, art. 2933. V.A.T.S. Election Code, art. 4.05, subd. 2.
§ 4.005. Record of Notice
(a) If notice of an election is given by publication, the authority
responsible for giving the notice shall retain a copy of the published
notice that contains the name of the newspaper and the date of publica-
tion.
(b) For each notice posted under Section 4.003(a)(2), the person posting
the notice shall make a record at the time of posting stating the date and
place of posting. The person shall sign the record and deliver it to the
authority responsible for giving the election notice after the last posting
is made.
(c) If notice of an election is given under Section 4.003(a)(3), the
authority responsible for giving the notice shalt:
(1) retain a copy of the notice and enter on the copy the date or
dates the mailing occurred; and
(2) prepare a list of the names and addresses of the persons to
whom the notice was mailed.
(d) The authority responsible for giving the election notice shall pre-
serve the records required by this section for the period for preserving
the precinct election records.
(e) If other law prescribes the method of preserving the notice of an
election, that law supersedes this section.
Historical Note -
Prior Law: Rev.Civ.St. 1925. art. 2950.
Acts 1905, 29th Leg., 1st C.S., p. 528, ch. Acts 1951, 52nd Leg., p. 1097, ch. 492,
§ § 28.
Rev Civ.St. 1911, art. 2933. ~ Acts 1969, 61st Leg., p. 2662, ch. 878, § 5.
V.A.T.S. Election Code, arL 4.05, subd. 4.
23

^ FOR (A Favor de)
[~ AGAINST (En Contra de)
-,
._~a~,.~~~e -for
"Adoption of a one-half percent
county sales and use tax within
the county to be used to reduce
the county property tax rate."
("La aprobacion de un impuesto
de un medio por ciento sobre la
utilizacidn y la yenta de bienes
dentro del condado que se usara
para reducir el tipo del impuesto
sobre bienes del condado.")
•,..~ ~ r y ~, ,, S

ORDER N0. 17293
GRDER OF SPECIAL ELECTION
(on Aug. 8, 1987)
6-8-87
VOL. Q, Page 413