Texas Codes

Tex. Elec. Code § 41.0052 (2026)

Changing General Election Date

✓ current as of May 2026
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Sec. 41.0052. CHANGING GENERAL ELECTION DATE. (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


(f) The governing body of a city with a population of 9,000 or less, located predominantly in a county that has a total area of less than 6,200 square miles, that has adopted a council-manager form of government and that holds its general election for officers on a date other than the November uniform election date may, not later than December 31, 2026, change the date on which it holds its general election for officers to the November uniform election date. Subsections (b), (c), and (d) apply to the change of an election date under this subsection. This subsection expires January 1, 2027.

Text of subsection as added by Acts 2025, 89th Leg., R.S., Ch. 753 (H.B. 3546), Sec. 2


(f) The governing body of an independent school district 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.

(g) The governing body of a county with a population of 425,000 or more, that is adjacent to a county with a population of 3.3 million or more, that contains a portion of the San Jacinto River, and that holds its general election for officers on a date other than the November uniform election date may, not later than December 31, 2026, change the date on which it holds its general election for officers to the November uniform election date. Subsections (b), (c), and (d) apply to the change of an election date under this subsection. This subsection expires January 1, 2027.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 11, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1219, Sec. 4, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 1068, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1074, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1315, Sec. 15, eff. Jan. 1, 2004.

Amended by:

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.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2005–2022 · leading case: in Re Marcelino Rodriguez, Donna Jean Fargas, & Linda Marie Wiltz Gilmore, 413 S.W.3d 524 (Tex. App. 2013).
in Re Marcelino Rodriguez, Donna Jean Fargas, & Linda Marie Wiltz Gilmore, 413 S.W.3d 524 (Tex. App. 2013). “See Tex. Elec.Code Ann. § 41.0052 (West Supp.”
City of Floresville, Texas, & Marissa Ximenez, Gloria E. Martinez, Juan Ortiz, Jade Jimenez, Gloria Morales Cantu, Monica Veliz, in Their Off. Capacities v. Nick Nissen, David Johns, Paul W. Sack (Tex. App. 2022). · cites it 2× “TEX. ELEC. CODE § 41.0052. The plain language of subsection (a) permits a political subdivision that held its elections on a date other than “November uniform election date” to change its election date to “the November uniform election date” so long as it did so “not later than…”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2011). · cites it 3× “TEX. ELEC. CODE ANN. § 41.0052 (West 2010); see also id.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010). · cites it 3× “3 TEx. ELEC. CODE ANN. § 41.0052(a-l) (West 2010) (footnote added); Act of May 5, 2009, 8lstLeg.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2005). · cites it 2× “Texas Election Code, Section 41.0052(a) A.”
— Tex. Elec. Code § 41.0052(a) — 3 cases
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2005). “Texas Election Code, Section 41.0052(a) A.”
City of Floresville, Texas, & Marissa Ximenez, Gloria E. Martinez, Juan Ortiz, Jade Jimenez, Gloria Morales Cantu, Monica Veliz, in Their Off. Capacities v. Nick Nissen, David Johns, Paul W. Sack (Tex. App. 2022). “TEX. ELEC. CODE § 41.0052. The plain language of subsection (a) permits a political subdivision that held its elections on a date other than “November uniform election date” to change its election date to “the November uniform election date” so long as it did so “not later than…”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2011). “TEX. ELEC. CODE ANN. § 41.0052 (West 2010); see also id.”
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