By: Price H.B. No. 1490
73R6200 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the defending party in an election contest.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 221.015(a) and (b), Election Code, are
1-5 amended to read as follows:
1-6 (a) If the official result of a contested election shows
1-7 that a candidate <the contestee> won, on qualifying as provided by
1-8 law that candidate <the contestee> is entitled to occupy the office
1-9 after the beginning of the term for which the election was held,
1-10 pending the determination of the rightful holder of the office.
1-11 (b) If the final judgment does not change the official
1-12 result of a contested election, the person <a contestee> occupying
1-13 the office under Subsection (a) is entitled to continue in office
1-14 without again qualifying for the office. If the judgment declares
1-15 the election void and the occupant is elected at the new election,
1-16 the occupant must again qualify for the office as if no contest had
1-17 occurred.
1-18 SECTION 2. Section 232.003, Election Code, is amended to
1-19 read as follows:
1-20 Sec. 232.003. Contestee: General Rule. (a) If a contested
1-21 election is for nomination or election to an office for which only
1-22 one person is to be nominated or elected, the contestee is the
1-23 presiding officer of the:
1-24 (1) political subdivision that conducted the election,
2-1 if it is a general election; or
2-2 (2) county executive committee that conducted the
2-3 election, if it is a primary election.
2-4 (b) The tribunal shall permit the following persons to
2-5 intervene in the contest as a co-contestee:
2-6 (1) the opposing candidate who is officially
2-7 determined to be nominated or elected, or in the case of a tie for
2-8 the most votes, each of the opposing tied candidates; or
2-9 (2) if the final official canvass shows that a runoff
2-10 election is necessary to decide the nomination or election:
2-11 (A) each of the opposing candidates shown by the
2-12 canvass to be entitled to or tied for a place on the runoff ballot
2-13 if the contestant is not so entitled or tied; or
2-14 (B) the opposing candidate or candidates shown
2-15 by the canvass to be entitled to or tied for a place on the runoff
2-16 ballot if the contestant is so entitled or tied.
2-17 (c) <(b)> If a contested election is for election to an
2-18 office for which more than one person is to be elected from the
2-19 same set of candidates, any one or more of the candidates who are
2-20 officially determined to be elected or to be tied with another
2-21 candidate for election may intervene as a co-contestee <be a
2-22 contestee. The court may require the joinder of any of the
2-23 candidates who are not named as contestees>.
2-24 (d) <(c)> Except as provided by Section <232.004 or>
2-25 232.005, this section is exclusive as to the persons who may be
2-26 named contestee in an election contest.
2-27 (e) In this title, a co-contestee has all the rights and
3-1 duties of a contestee.
3-2 SECTION 3. Section 232.005, Election Code, is amended to
3-3 read as follows:
3-4 Sec. 232.005. Additional Contestee. The district court may
3-5 <require or> permit any one or more candidates in a contested
3-6 election to be named as contestee or may permit the candidates to
3-7 intervene on the side of the contestee, as the court determines the
3-8 circumstances warrant.
3-9 SECTION 4. Section 232.004, Election Code, is repealed.
3-10 SECTION 5. The change in law made by this Act applies only
3-11 to an election contest for an election held on or after the
3-12 effective date of this Act. An election contest for an election
3-13 held before the effective date of this Act is governed by the law
3-14 in effect at the time the election was held, and the former law is
3-15 continued in effect for that purpose.
3-16 SECTION 6. This Act takes effect September 1, 1993.
3-17 SECTION 7. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.