By Madden H.B. No. 51
75R660 DRH-D
A BILL TO BE ENTITLED
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 or the board of a hospital district.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter E, Chapter 130, Education Code, is
1-7 amended by adding Section 130.0825 to read as follows:
1-8 Sec. 130.0825. WRITE-IN VOTING IN ELECTION FOR MEMBERS OF
1-9 GOVERNING BODY. (a) In a general or special election for members
1-10 of the governing body of a junior college district, a write-in
1-11 vote may not be counted unless the name written in appears on the
1-12 list of write-in candidates.
1-13 (b) To be entitled to a place on the list of write-in
1-14 candidates, a candidate must make a declaration of write-in
1-15 candidacy.
1-16 (c) A declaration of write-in candidacy must be filed with
1-17 the authority with whom an application for a place on the ballot is
1-18 required to be filed in the election.
1-19 (d) A declaration for write-in candidacy must be filed not
1-20 later than 5 p.m. of the 45th day before election day. However, if
1-21 a candidate whose name is to appear on the ballot dies or is
1-22 declared ineligible after the 48th day before election day, a
1-23 declaration of write-in candidacy for the office sought by the
1-24 deceased or ineligible candidate may be filed not later than 5 p.m.
2-1 of the 42nd day before election day.
2-2 (e) Subchapter B, Chapter 146, Election Code, applies to
2-3 write-in voting in an election for members of the governing body
2-4 except to the extent of a conflict with this section.
2-5 (f) The secretary of state shall adopt rules necessary to
2-6 implement this section.
2-7 SECTION 2. Chapter 285, Health and Safety Code, is amended
2-8 by adding Subchapter J to read as follows:
2-9 SUBCHAPTER J. WRITE-IN VOTING IN ELECTION FOR BOARD MEMBERS
2-10 Sec. 285.131. WRITE-IN VOTING IN ELECTION FOR BOARD MEMBERS.
2-11 (a) In a general or special election for board members of a
2-12 hospital district created under general or special law, a write-in
2-13 vote may not be counted unless the name written in appears on the
2-14 list of write-in candidates.
2-15 (b) To be entitled to a place on the list of write-in
2-16 candidates, a candidate must make a declaration of write-in
2-17 candidacy.
2-18 (c) A declaration of write-in candidacy must be filed with
2-19 the authority with whom an application for a place on the ballot is
2-20 required to be filed in the election.
2-21 (d) A declaration for write-in candidacy must be filed not
2-22 later than 5 p.m. of the 45th day before election day. However, if
2-23 a candidate whose name is to appear on the ballot dies or is
2-24 declared ineligible after the 48th day before election day, a
2-25 declaration of write-in candidacy for the office sought by the
2-26 deceased or ineligible candidate may be filed not later than 5 p.m.
2-27 of the 42nd day before election day.
3-1 (e) Subchapter B, Chapter 146, Election Code, applies to
3-2 write-in voting in an election for board members except to the
3-3 extent of a conflict with this section.
3-4 (f) The secretary of state shall adopt rules necessary to
3-5 implement this section.
3-6 SECTION 3. This Act takes effect September 1, 1997.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.