By Turner of Harris                                    H.B. No. 233

      75R830 GGS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the filing of a declaration of write-in candidacy in an

 1-3     election for the governing board of a junior college district.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter E, Chapter 130, Education Code, is

 1-6     amended by adding Section 130.091 to read as follows:

 1-7           Sec. 130.091.  WRITE-IN VOTING.  (a)  In a general or special

 1-8     election for the governing board of a junior college district, a

 1-9     write-in vote may not be counted for a person unless that person

1-10     has filed a declaration of write-in candidacy with the secretary of

1-11     the governing board in the manner provided for write-in candidates

1-12     in the general election for state and county officers.

1-13           (b)  A declaration of write-in candidacy must be filed not

1-14     later than 5 p.m. of the 45th day before the date of the election.

1-15     However, if a candidate whose name is to appear on the ballot dies

1-16     or is declared ineligible after the 48th day before the date of the

1-17     election, a declaration of write-in candidacy for the office sought

1-18     by the deceased or ineligible candidate may be filed not later than

1-19     5 p.m. of the 42nd day before the date of the election.

1-20           (c)  With the appropriate modifications and to the extent

1-21     practicable, Subchapter B, Chapter 146, Election Code, applies to

1-22     write-in voting in an election for the governing board of a junior

1-23     college district.

1-24           (d)  The secretary of state shall adopt the rules necessary

 2-1     to implement this section.

 2-2           SECTION 2.  This Act takes effect September 1, 1997.

 2-3           SECTION 3.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.