(a) Except 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 first Saturday in May in an odd-numbered year;
(2) the first Saturday in May in an even-numbered year, for an election held by a political subdivision other than a county, or ordered by the governor; or
(3) the first Tuesday after the first Monday in November.

Terms Used In Texas Election Code 41.001

  • Contract: A legal written agreement that becomes binding when signed.
  • General election: means an election, other than a primary election, that regularly recurs at fixed dates. See Texas Election Code 1.005
  • Political subdivision: means a county, city, or school district or any other governmental entity that:
    (A) embraces a geographic area with a defined boundary;
    (B) exists for the purpose of discharging functions of government; and
    (C) possesses authority for subordinate self-government through officers selected by it. See Texas Election Code 1.005
  • Primary election: means an election held by a political party under Chapter Texas Election Code 1.005
  • Special election: means an election that is not a general election or a primary election. See Texas Election Code 1.005
  • Statute: A law passed by a legislature.
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(b) Subsection (a) does not apply to:
(1) a runoff election;
(2) an election to resolve a tie vote;
(3) an election held under an order of a court or other tribunal;
(4) an emergency election ordered under Section 41.0011 or any resulting runoff;
(5) an expedited election to fill a vacancy in the legislature held under Section 203.013;
(6) an election held under a statute that expressly provides that the requirement of Subsection (a) does not apply to the election; or
(7) the initial election of the members of the governing body of a newly incorporated city.
(c) Except for an election under Subsection (a) or Section 41.0011 or a runoff election following an election held under Subsection (a)(2), an election may not be held within 30 days before or after the date of the general election for state and county officers, general primary election, or runoff primary election.
(d) 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 Subsection (a)(2).
(e) Repealed by Acts 2005, 79th Leg., Ch. 471, Sec. 9, eff. October 1, 2005.