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