By Ratliff                                            S.B. No. 1635
       74R1672 DRH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the cancellation of certain elections.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 2, Election Code, is amended by adding
    1-5  Subchapter C to read as follows:
    1-6            SUBCHAPTER C.  ELECTION OF UNOPPOSED CANDIDATE
    1-7        Sec. 2.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter
    1-8  applies only to an election for an office of a political
    1-9  subdivision other than a county for which write-in votes may be
   1-10  counted only for names appearing on a list of write-in candidates.
   1-11        Sec. 2.052.  CERTIFICATION OF UNOPPOSED STATUS.  (a)  The
   1-12  authority responsible for having the official ballot prepared shall
   1-13  certify in writing that a candidate is unopposed for election to an
   1-14  office if:
   1-15              (1)  only one candidate's name is to be placed on the
   1-16  ballot for that office under Section 52.003; and
   1-17              (2)  no candidate's name is to be placed on a list of
   1-18  write-in candidates for that office under applicable law.
   1-19        (b)  The certification must be delivered to the governing
   1-20  body of the political subdivision as soon as possible after the
   1-21  filing deadlines for placement on the ballot and list of write-in
   1-22  candidates.
   1-23        Sec. 2.053.  ACTION ON CERTIFICATION.  (a)  On receipt of the
   1-24  certification, the governing body of the political subdivision may,
    2-1  by unanimous vote of all members of the governing body, declare the
    2-2  unopposed candidate elected to the office.
    2-3        (b)  If a declaration is made under Subsection (a), the
    2-4  election for that office is not held.
    2-5        (c)  A certificate of election shall be issued to the
    2-6  candidate in the same manner as provided for a candidate elected at
    2-7  the election.
    2-8        SECTION 2.  This Act takes effect September 1, 1995.
    2-9        SECTION 3.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.