1-1 By: Madden, et al. (Senate Sponsor - Shapiro) H.B. No. 51 1-2 (In the Senate - Received from the House April 1, 1997; 1-3 April 2, 1997, read first time and referred to Committee on State 1-4 Affairs; April 25, 1997, reported favorably, as amended, by the 1-5 following vote: Yeas 13, Nays 0; April 25, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Shapiro 1-7 Amend H.B. No. 51 by adding an appropriately numbered section to 1-8 read as follows and by renumbering the existing sections as 1-9 appropriate: 1-10 SECTION ____. Subchapter C, Chapter 63, Water Code, is 1-11 amended by adding Section 63.0945 to read as follows: 1-12 Sec. 63.0945. WRITE-IN CANDIDATES. (a) In an election to 1-13 elect a commissioner, a write-in vote may not be counted unless the 1-14 name written in appears on the list of write-in candidates. 1-15 (b) To be entitled to a place on the list of write-in 1-16 candidates, a candidate must make a declaration of write-in 1-17 candidacy. 1-18 (c) A declaration of write-in candidacy must be filed with 1-19 the authority with whom an application for a place on the ballot is 1-20 required to be filed in the election. 1-21 (d) A declaration of write-in candidacy must be filed not 1-22 later than 5 p.m. of the 45th day before election day. However, if 1-23 a candidate whose name is to appear on the ballot dies or is 1-24 declared ineligible after the 48th day before election day, a 1-25 declaration of write-in candidacy for the office sought by the 1-26 deceased or ineligible candidate may be filed not later than 5 p.m. 1-27 of the 42nd day before election day. 1-28 (e) Subchapter B, Chapter 146, Election Code, applies to 1-29 write-in voting in an election to elect a commissioner except to 1-30 the extent of a conflict with this subchapter. 1-31 COMMITTEE AMENDMENT NO. 2 By: Shapiro 1-32 Amend House Bill 51 as follows: 1-33 Delete SECTION 3 and SECTION 4 of the bill and insert the 1-34 following: 1-35 "SECTION 3. The importance of this legislation and the 1-36 crowded condition of the calendars in both houses create an 1-37 emergency and an imperative public necessity that the 1-38 constitutional rule requiring bills to be read on three several 1-39 days in each house be suspended, and this rule is hereby suspended, 1-40 and that this Act take effect and be in force from and after its 1-41 passage, and it is so enacted." 1-42 A BILL TO BE ENTITLED 1-43 AN ACT 1-44 relating to requiring a declaration of write-in candidacy in an 1-45 election for the members of the governing body of a junior college 1-46 district or the board of a hospital district. 1-47 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-48 SECTION 1. Subchapter E, Chapter 130, Education Code, is 1-49 amended by adding Section 130.0825 to read as follows: 1-50 Sec. 130.0825. WRITE-IN VOTING IN ELECTION FOR MEMBERS OF 1-51 GOVERNING BODY. (a) In a general or special election for members 1-52 of the governing body of a junior college district, a write-in 1-53 vote may not be counted unless the name written in appears on the 1-54 list of write-in candidates. 1-55 (b) To be entitled to a place on the list of write-in 1-56 candidates, a candidate must make a declaration of write-in 1-57 candidacy. 1-58 (c) A declaration of write-in candidacy must be filed with 1-59 the authority with whom an application for a place on the ballot is 1-60 required to be filed in the election. 1-61 (d) A declaration for write-in candidacy must be filed not 1-62 later than 5 p.m. of the 45th day before election day. However, if 1-63 a candidate whose name is to appear on the ballot dies or is 1-64 declared ineligible after the 48th day before election day, a 2-1 declaration of write-in candidacy for the office sought by the 2-2 deceased or ineligible candidate may be filed not later than 5 p.m. 2-3 of the 42nd day before election day. 2-4 (e) Subchapter B, Chapter 146, Election Code, applies to 2-5 write-in voting in an election for members of the governing body 2-6 except to the extent of a conflict with this section. 2-7 (f) The secretary of state shall adopt rules necessary to 2-8 implement this section. 2-9 SECTION 2. Chapter 285, Health and Safety Code, is amended 2-10 by adding Subchapter J to read as follows: 2-11 SUBCHAPTER J. WRITE-IN VOTING IN ELECTION FOR BOARD MEMBERS 2-12 Sec. 285.131. WRITE-IN VOTING IN ELECTION FOR BOARD MEMBERS. 2-13 (a) In a general or special election for board members of a 2-14 hospital district created under general or special law, a write-in 2-15 vote may not be counted unless the name written in appears on the 2-16 list of write-in candidates. 2-17 (b) To be entitled to a place on the list of write-in 2-18 candidates, a candidate must make a declaration of write-in 2-19 candidacy. 2-20 (c) A declaration of write-in candidacy must be filed with 2-21 the authority with whom an application for a place on the ballot is 2-22 required to be filed in the election. 2-23 (d) A declaration for write-in candidacy must be filed not 2-24 later than 5 p.m. of the 45th day before election day. However, if 2-25 a candidate whose name is to appear on the ballot dies or is 2-26 declared ineligible after the 48th day before election day, a 2-27 declaration of write-in candidacy for the office sought by the 2-28 deceased or ineligible candidate may be filed not later than 5 p.m. 2-29 of the 42nd day before election day. 2-30 (e) Subchapter B, Chapter 146, Election Code, applies to 2-31 write-in voting in an election for board members except to the 2-32 extent of a conflict with this section. 2-33 (f) The secretary of state shall adopt rules necessary to 2-34 implement this section. 2-35 SECTION 3. This Act takes effect September 1, 1997. 2-36 SECTION 4. The importance of this legislation and the 2-37 crowded condition of the calendars in both houses create an 2-38 emergency and an imperative public necessity that the 2-39 constitutional rule requiring bills to be read on three several 2-40 days in each house be suspended, and this rule is hereby suspended. 2-41 * * * * *