The Honorable Tom Hanna Criminal District Attorney P. 0. Box 2553 Beaumont, Texas 77704 Opinion No. H- 182 Re: Meaning of “general election” in $5(b), Article 5154C-1, V. T. C.S., the Fire and Police Employee Relations Act. Dear Mr. Hanna: Your request for an opinion concerns whether ,theterm “general election” as used in the Fire and Police Employee Relations Act, Art. 5154c-1, V. T. C.S., (Acts 1973, 63rd Leg., ch. 81, p. 151) refers to the November election or whether it refers to the last election held ina particular city. Section 5(b) deals primarily with the necessary requisite for the Act to be adopted by a city, town, or political subdivision. This section states inpart:

“Upon receiving apetition signed by the lesser offive percent or 20, 000 of the qualified voters voting inthe last preceding general election in such city, town, or polita subdivision, the governing body of such city, town or political subdivision shall hold an election within 60 days after said petition has been filed with such governing body. ” (emphasis added) The relevance ofthe distinction lies inthe number ofpersons voting inthe applicable election, and therefore, the number of signatures required to petition a local option election under the statute. InGreenwood v. City of El Paso, 186 S.W. 2d 1015, 1016(Tex. Civ. APP. 3 El Paso, 1945, nowrit), the court considered the meaning of “general election” in Art. 3162, V. T. C. S., which provided:

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“Independent candidates for office at a county, city or town election may have their names printed upon the official ballot on application to the county judge, iffor a county office, or to the mayor, iffor a city or town office, such application being inthe sane form and subject to the

. same requirements herein prescribed for applications to be made to the Secretary of State in case of State or district independent nomination: provided, that a petition of five per cent ofthe entire vote cast in such county, city or town at the last general election shall be required for such nomination. ” (emphasis added) The court’s analysis proceeded as follows:

“The question posed is: does the term ‘last general election’ as applied to this case mean the City Election
. .

. or the General Election ofthe 7th day of November
. . .

. Indetermining this question, the intention ofthe legislature must be the sole guide.
. . I’ “The words “general election’ would, standing alone, mean the state-wide election held in pursuance of general law every two years, which election is for the selection of state, district, county, and precinct offices. This ,is. apopular meaning ofthe term. Itis a fundamental, rule of statutory construction that unless some good reason ,appears to the contrary, words used inthe statute would be construed by the courts in accordance with their popular and generally understood meaning. . . .”

“A general election is held in November every two years in each city and county ofthe state. True, no city officials are chosen at such election, but the voters voting inthe city at such general election are ordinarily qualified voters inthe next city election. Itwas amatter ofjudgment

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The Honorable Tom Hanna, page 3 (H-182)

for the legislature as to whether the standard ofthe last city election should be used or that ofthe last general election. Inour opinion, it shows [chose] the latter standard. ” The court noted statutes inwhich the legislature demonstrably chose to state “general city or town election” or “regular city election, ” and distinguished the meaning ofthose terms from that of “general election” as used inthe Fire and Police Employee Relations Act. Article 1269m, V. T. C. S. , creating the firemen’s and policemen’s civil service in cities over 10,000, conditioned the local option election upon petition often per cent of the number voting in “the preckding municipal election” in §27(a). Additionally, Art. 2. 01, V. T. C.S., Texas Election Code, provides in part:

“A general election shall be held onthe first Tuesday after the first Monday in November, A. D. 1964, and every two years thereafter,
. , . “(:emphas% added) Itis our opinion that “general election” inArt. 5154c-1 $ 5(b) refers tothe statewide November election held every two years and not to the municipal election. SUMMARY

Under Art. 5154c-1, $5(b) (Acts 1973, 63rd. Leg., ch. 81, p. 151), “general election” refers tothe November election and not to the municipal election. Yours very truly,

Attorney General of Texas

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APPROYED:

h

Opinion Committee

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