BWH H.B. 292 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.B. 292
By: Chisum
2-21-97
Committee Report (Unamended)



BACKGROUND 

 When individuals decide to run for a seat on the local hospital board,
they are often unopposed.  Nevertheless, the enabling legislation of the
hospital district may require the taxpayers to shoulder the cost of
printing the name of an unopposed board member on the ballot. The Board of
the Hutchinson County Hospital District has requested the legislature to
amend its enabling legislation to remove the requirement that the name of
an unopposed candidate for the board be printed on the ballot. 
 Chapter 2, Subchapter C of the Election Code currently allows a hospital
board to cancel the election of an unopposed board member if deadlines
exist for write-in candidates. 

PURPOSE

 To remove the requirement that an unopposed candidate for the board of
the Hutchinson County Hospital District be printed on the ballot, by
providing deadlines for write-in candidates in the enabling legislation. 

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:  Adds Section 4.055 to the enabling legislation of the
Hutchinson County Hospital District as follows: 
 (a)  A vote for a write-in candidate for the board of directors may not
be counted unless the candidate's name is on the list of write-in
candidates. 
 (b)  A write-in candidate must make a declaration of write-in candidacy
to be entitled to be on the list of write-in candidates. 
 (c)  Requires that a declaration of write-in candidacy be filed with the
board no later than 5 p.m. of the 45th day before election day.  If a
candidate dies or becomes ineligible after the 48th day before election
day, a write-in candidate may file no later than 5 p.m. of the 42nd day
before election day. 
 (d)  Applies provisions of the Election Code relevant to write-in
candidates to the hospital district to the extent that the Election Code
is not in conflict with the hospital district's enabling legislation. 

SECTION 2:  Effective date September 1, 1997.

SECTION 3:  Emergency Clause.