By Maxey                                        H.B. No. 2355

      75R8532 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of preferential voting in certain elections.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Title 10, Election Code, is amended by adding

 1-5     Subtitle D to read as follows:

 1-6                      SUBTITLE D.  PREFERENTIAL VOTING

 1-7            CHAPTER 186.  USE OF PREFERENTIAL VOTING FOR CERTAIN

 1-8                                  ELECTIONS

 1-9           Sec. 186.001.  USE OPTIONAL.  The governing body of a county,

1-10     municipality, or independent school district may authorize the use

1-11     of preferential voting as provided by this chapter for the election

1-12     of an officer of the county, municipality, or school district, as

1-13     appropriate, by majority vote.

1-14           Sec. 186.002.  ADOPTION OF PREFERENTIAL VOTING PROCEDURES.

1-15     (a)  The secretary of state shall prescribe procedures to allow for

1-16     an election of an office requiring a majority vote using a

1-17     preferential voting system.

1-18           (b)  The system must allow a voter to rank each candidate for

1-19     an office through a numerical designation from the candidate the

1-20     voter favors most to the candidate the voter favors least.

1-21           Sec. 186.003.  DETERMINATION OF ELECTION RESULT.  (a)  If no

1-22     candidate receives a majority of the votes cast designating the

1-23     highest favorable ranking for an office, the votes of the candidate

1-24     receiving the fewest number of votes are reassigned to the

 2-1     candidate ranking next highest in the preference of a voter.

 2-2           (b)  If after reassigning votes under Subsection (a) no

 2-3     candidate receives a majority of the votes cast designating the

 2-4     modified highest favorable ranking,  the reassignment of a vote to

 2-5     a voter's next most preferred candidate under Subsection (a)

 2-6     continues until one candidate receives a majority.

 2-7           Sec. 186.004.  PRIMARY NOT HELD; FILING PERIOD.  (a)  A

 2-8     primary election is not held for an office to which this chapter

 2-9     applies.

2-10           (b)  The secretary of state shall prescribe the filing

2-11     deadline for an application for a place on the ballot for an office

2-12     to which this chapter applies that is filled at the general

2-13     election for state and county officers.

2-14           Sec. 186.005.  RUNOFF ELECTION NOT HELD.  Notwithstanding any

2-15     other law, a runoff election is not held for an office to which

2-16     this chapter applies.

2-17           SECTION 2.  This Act takes effect September 1, 1997.

2-18           SECTION 3.  The importance of this legislation and the

2-19     crowded condition of the calendars in both houses create an

2-20     emergency and an imperative public necessity that the

2-21     constitutional rule requiring bills to be read on three several

2-22     days in each house be suspended, and this rule is hereby suspended.