BILL ANALYSIS


                                                     C.S.S.B. 680
                                                      By: Shapiro
                                      Intergovernmental Relations
                                                          3-17-95
                                   Committee Report (Substituted)
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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

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.