MAD H.B. 51 75(R)BILL ANALYSIS


ELECTIONS
H.B. 51
By: Madden
2-21-97
Committee Report (Unamended)



BACKGROUND 
 
According to the provisions of S.B. 680 enacted during the 74th Regular
Session, a political subdivision other than a county is permitted to
cancel an election if no contested race(s) and no proposition(s) would
appear on the ballot.  Somehow, community college and hospital districts
eluded incorporation under this law's establishment of a write-in
candidate declaration procedure which provides the means of ascertaining
whether or not a race is contested. 


PURPOSE
 
H.B. 51 would add community college and hospital districts to the
political subdivisions which must follow the write-in candidate
declaration procedure established under S.B. 680, which in turn would
allow them the option of cancelling an election if the statutorily
established criteria for such a cancellation are met.  This vehicle can
produce savings to the taxpayer and help combat voter fatigue when an
unnecessary election is avoided. 


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 Subchapter E, Chapter 130, Education Code by adding
Section 130.0825 to require a declaration of write-in candidacy in an
election for members of the governing board of a junior college. 

 SECTION 2:  Amends Chapter 285, Health and Safety Code, by adding
Subchapter J to require a declaration of write-in candidacy in an election
for board members of a hospital district created under general or special
law. 

 SECTION 3:  Effective date.

 SECTION 4:  Emergency clause.