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