By Madden                                              H.B. No. 945
       74R3017 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the administration of an election when the county
    1-3  election officer is opposed in that election.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter E, Chapter 31, Election Code, is
    1-6  amended by adding Section 31.124 to read as follows:
    1-7        Sec. 31.124.  ADMINISTRATION OF ELECTION WHEN COUNTY ELECTION
    1-8  OFFICER IS OPPOSED.  (a)  A county election officer may not perform
    1-9  any of the duties and functions in the conduct of an election,
   1-10  other than applicable voter registration functions, if the officer
   1-11  is an opposed candidate in the election.
   1-12        (b)  If the county election officer is prohibited from
   1-13  administering an election under this section, the commissioners
   1-14  court shall, unless the position of county elections administrator
   1-15  is created, designate another elected county officer to perform the
   1-16  duties and functions of the county election officer for that
   1-17  election.  The other officer may not be an opposed candidate in the
   1-18  election.
   1-19        (c)  The secretary of state shall prescribe any procedures
   1-20  necessary to implement this section.
   1-21        (d)  In this section, "county election officer" has the
   1-22  meaning assigned by Section 31.091, except that the term does not
   1-23  include a county elections administrator.
   1-24        SECTION 2.  This Act takes effect September 1, 1995.
    2-1        SECTION 3.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended.