BILL ANALYSIS



S.B. 680
By: Shapiro (Madden)
05-04-95
Committee Report (Amended)


BACKGROUND

     Under current law, cities are required to hold a city council
election even if no candidates in that election are opposed.  Also,
write-in candidates are required to declare their candidacy to be
eligible for election.  If the deadline for such a declaration has
passed and all of the candidates are unopposed, the results of the
election are known before the election actually takes place. 
Holding an election, under these conditions, is an unnecessary
expense for taxpayers.

PURPOSE

     As proposed, C.S.S.B. 680 provides for the cancellation of and
the filing of a declaration of a write-in candidacy in certain
elections.

RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 2, Election Code, by adding Subchapter
C, as follows:

          SUBCHAPTER C.  ELECTION OF UNOPPOSED CANDIDATE

     Sec. 2.051.  APPLICABILITY OF SUBCHAPTER.  Provides that this
     subchapter applies only to an election for officers of a
     political subdivision other than a county in which write-in
     votes may be counted only for names appearing on a list of
     write-in candidates and in which each candidate whose name is
     to appear on the ballot is unopposed, and no proposition is to
     appear on the ballot.
     
     Sec. 2.052.  CERTIFICATION OF UNOPPOSED STATUS.  (a)  Requires
     the authority responsible for having the official ballot
     prepared to certify in writing that a candidate is unopposed
     for election to an office if only one candidate's name is to
     be placed on the ballot for that office and no candidate's
     name is to be placed on a list of write-in candidates for that
     office under applicable law.
     
     (b)  Requires the certification to be delivered to the
       governing body of the political subdivision as soon as
       possible after the filing deadlines for placement on the
       ballot and list of write-in candidates.
       
       Sec. 2.053.  ACTION ON CERTIFICATION.  (a)  Authorizes the
     governing body of the political subdivision, by order or
     ordinance, to declare each unopposed candidate elected to the
     office on receipt of the certification.
     
     (b)  Provides that the election is not held if a declaration
       is made under Subsection (a).  Requires a copy of the order
       or ordinance to be posted on election day at each polling
       place that would have been used in the election.
       
       (c)  Requires a certificate of election to be issued to each
       candidate in the same manner as provided for a candidate
       elected at the election.
       
       SECTION 2.   Amends Section 146.054, Election Code, as follows:

     Sec. 146.054.  FILING DEADLINE.  Requires a declaration of
     write-in candidacy to be filed no later than 5 p.m. of the
     45th day, rather than the 30th day, before election day. 
     Provides that a declaration of write-in candidacy for the
     office sought by the deceased or ineligible candidate to be
     filed no later than 5 p.m. of the 42nd day, rather than the
     27th day, before election day if a candidate whose name is to
     appear on the ballot dies or is declared ineligible after the
     48th day, rather than the 33rd day, before election day.
SECTION 3. Amends Section 23.081(b), Education Code, to make
conforming changes.

SECTION 4. Amends Section 50.004(d), Water Code, to make conforming
changes.

SECTION 5. Effective date:  September 1, 1995.

SECTION 6. Emergency clause.

EXPLANATION OF AMENDMENTS

     Committee No. 1 (Madden) Amends SB 680 by striking SECTION 4
of the bill and substituting a new SECTION 4 which amends Sections
50.004 (a) and (d), Water Code, by adding Chapters 50 (General
laws), 55 (water improvement districts), and 58 (irrigation
districts) of the Water Code to Section 50.004 (a).

SUMMARY OF COMMITTEE ACTION

     SB 680 was considered by the Committee on Elections in a
public hearing on May 3, 1995. The Committee considered one
amendment to SB 680. The amendment was adopted without objection.
The following person testified in favor of SB 680:  Dorothy Palumbo
representing the Texas Municipal League.  SB 680 was reported
favorably as amended with the recommendation that it do pass and be
printed, by a record vote of: 7 AYES, 0 NAYS, 0 PNV, 2 ABSENT.