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                                  * * * * *