1-1 AN ACT
1-2 relating to requiring a declaration of write-in candidacy in an
1-3 election for the members of the governing body of a junior college
1-4 district, the board of a hospital district, or the board of a
1-5 self-liquidating navigation district.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter E, Chapter 130, Education Code, is
1-8 amended by adding Section 130.0825 to read as follows:
1-9 Sec. 130.0825. WRITE-IN VOTING IN ELECTION FOR MEMBERS OF
1-10 GOVERNING BODY. (a) In a general or special election for members
1-11 of the governing body of a junior college district, a write-in
1-12 vote may not be counted unless the name written in appears on the
1-13 list of write-in candidates.
1-14 (b) To be entitled to a place on the list of write-in
1-15 candidates, a candidate must make a declaration of write-in
1-16 candidacy.
1-17 (c) A declaration of write-in candidacy must be filed with
1-18 the authority with whom an application for a place on the ballot is
1-19 required to be filed in the election.
1-20 (d) A declaration for write-in candidacy must be filed not
1-21 later than 5 p.m. of the 45th day before election day. However, if
1-22 a candidate whose name is to appear on the ballot dies or is
1-23 declared ineligible after the 48th day before election day, a
1-24 declaration of write-in candidacy for the office sought by the
2-1 deceased or ineligible candidate may be filed not later than 5 p.m.
2-2 of the 42nd day before election day.
2-3 (e) Subchapter B, Chapter 146, Election Code, applies to
2-4 write-in voting in an election for members of the governing body
2-5 except to the extent of a conflict with this section.
2-6 (f) The secretary of state shall adopt rules necessary to
2-7 implement this section.
2-8 SECTION 2. Chapter 285, Health and Safety Code, is amended
2-9 by adding Subchapter J to read as follows:
2-10 SUBCHAPTER J. WRITE-IN VOTING IN ELECTION FOR BOARD MEMBERS
2-11 Sec. 285.131. WRITE-IN VOTING IN ELECTION FOR BOARD MEMBERS.
2-12 (a) In a general or special election for board members of a
2-13 hospital district created under general or special law, a write-in
2-14 vote may not be counted unless the name written in appears on the
2-15 list of write-in candidates.
2-16 (b) To be entitled to a place on the list of write-in
2-17 candidates, a candidate must make a declaration of write-in
2-18 candidacy.
2-19 (c) A declaration of write-in candidacy must be filed with
2-20 the authority with whom an application for a place on the ballot is
2-21 required to be filed in the election.
2-22 (d) A declaration for write-in candidacy must be filed not
2-23 later than 5 p.m. of the 45th day before election day. However, if
2-24 a candidate whose name is to appear on the ballot dies or is
2-25 declared ineligible after the 48th day before election day, a
2-26 declaration of write-in candidacy for the office sought by the
2-27 deceased or ineligible candidate may be filed not later than 5 p.m.
3-1 of the 42nd day before election day.
3-2 (e) Subchapter B, Chapter 146, Election Code, applies to
3-3 write-in voting in an election for board members except to the
3-4 extent of a conflict with this section.
3-5 (f) The secretary of state shall adopt rules necessary to
3-6 implement this section.
3-7 SECTION 3. Subchapter C, Chapter 63, Water Code, is amended
3-8 by adding Section 63.0945 to read as follows:
3-9 Sec. 63.0945. WRITE-IN CANDIDATES. (a) In an election to
3-10 elect a commissioner, a write-in vote may not be counted unless the
3-11 name written in appears on the list of write-in candidates.
3-12 (b) To be entitled to a place on the list of write-in
3-13 candidates, a candidate must make a declaration of write-in
3-14 candidacy.
3-15 (c) A declaration of write-in candidacy must be filed with
3-16 the authority with whom an application for a place on the ballot is
3-17 required to be filed in the election.
3-18 (d) A declaration of write-in candidacy must be filed not
3-19 later than 5 p.m. of the 45th day before election day. However, if
3-20 a candidate whose name is to appear on the ballot dies or is
3-21 declared ineligible after the 48th day before election day, a
3-22 declaration of write-in candidacy for the office sought by the
3-23 deceased or ineligible candidate may be filed not later than 5 p.m.
3-24 of the 42nd day before election day.
3-25 (e) Subchapter B, Chapter 146, Election Code, applies to
3-26 write-in voting in an election to elect a commissioner except to
3-27 the extent of a conflict with this subchapter.
4-1 SECTION 4. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force from and after its
4-7 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 51 was passed by the House on March
26, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 51 on May 28, 1997, by the following
vote: Yeas 138, Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 51 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor