By Nixon S.B. No. 155
75R905 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of a person who is delinquent in the
1-3 payment of taxes to be a candidate for or to hold elective office.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 572, Government Code, is amended by
1-6 adding Subchapter D to read as follows:
1-7 SUBCHAPTER D. REQUIREMENT FOR ELECTIVE OFFICERS
1-8 TO BE CURRENT ON TAXES
1-9 Sec. 572.101. DEFINITIONS. In this subchapter:
1-10 (1) "Elective office" means an office of this state or
1-11 a political subdivision of this state that is filled by election.
1-12 The term does not include an office of the federal government.
1-13 (2) "Tax" includes any tax levied by the United
1-14 States, this state, or a political subdivision of this state,
1-15 against an individual or property of the individual, and includes
1-16 an income tax, a property tax, or a sales tax. The term does not
1-17 include a fee or license fee.
1-18 Sec. 572.102. INELIGIBILITY FOR CANDIDACY OR OFFICE. (a) A
1-19 person may not be a candidate for or hold an elective office if the
1-20 person owes a tax that has not been paid for more than one year
1-21 after payment of the tax is due.
1-22 (b) Subsection (a) does not apply if a good faith dispute
1-23 exists between the person and the entity that collects the tax on
1-24 whether the tax is owed or the amount of the tax.
2-1 Sec. 572.103. DETERMINATION BY COMMISSION. (a) If the
2-2 commission finds that a person has violated Section 572.102, the
2-3 commission shall include in the copy of the report sent to the
2-4 person under Section 571.132(c) notice that the person must pay the
2-5 tax not later than the 30th day after the date the person receives
2-6 the report.
2-7 (b) If the commission finds that the person did not have a
2-8 reasonable opportunity to know the tax was due, the notice in
2-9 Subsection (a) shall provide that the person must pay the tax not
2-10 later than the 60th day after the date the person receives the
2-11 report.
2-12 Sec. 572.104. FAILURE TO PAY DELINQUENT TAXES. (a) If a
2-13 person fails to pay taxes in the time prescribed by Section
2-14 572.103, the commission shall notify:
2-15 (1) the authority responsible for preparing the
2-16 ballot, as defined by Section 52.002, Election Code, if the person
2-17 is a candidate for office; or
2-18 (2) the authority authorized to make an appointment or
2-19 order a special election to fill a vacancy in the office, if the
2-20 person holds the office.
2-21 (b) If the person is both a candidate for elected office and
2-22 holds an elected office, the commission shall notify both
2-23 authorities described in Subsection (a).
2-24 (c) On receipt of notification under Subsection (a)(1), the
2-25 authority responsible for preparing the ballot shall omit the name
2-26 of the person from the ballot. If by law it is too late to omit
2-27 the person's name from the ballot, a vote for that person may not
3-1 be counted in determining the outcome of the election.
3-2 (d) On receipt of notification under Subsection (a)(2), the
3-3 authority authorized to make an appointment or order a special
3-4 election to fill a vacancy in the elected office shall declare a
3-5 vacancy in the office.
3-6 (e) A person whose name is removed from the ballot under
3-7 this section is not eligible to be named as a replacement nominee
3-8 on the ballot for the election for that office.
3-9 (f) A person who is removed from office under this section
3-10 is not eligible to fill the vacancy for the remainder of the
3-11 unexpired term for that office.
3-12 Sec. 572.105. APPEAL TO COURT. If a final decision of the
3-13 commission under Section 572.103 is appealed under Section 571.133
3-14 and the court upholds the decision of the commission, the time
3-15 prescribed for making payment of taxes under Section 572.103 is
3-16 measured from the day the decision of the court becomes final.
3-17 SECTION 2. The chapter heading to Chapter 572, Election
3-18 Code, is amended to read as follows:
3-19 CHAPTER 572. PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF
3-20 CONDUCT, [AND] CONFLICT OF INTEREST, AND REQUIREMENT
3-21 FOR ELECTIVE OFFICER TO BE CURRENT ON TAXES
3-22 SECTION 3. Section 141.031, Election Code, is amended to
3-23 read as follows:
3-24 Sec. 141.031. GENERAL REQUIREMENTS FOR APPLICATION. A
3-25 candidate's application for a place on the ballot that is required
3-26 by this code must:
3-27 (1) be in writing;
4-1 (2) be signed and sworn to by the candidate and
4-2 indicate the date that the candidate swears to the application;
4-3 (3) be timely filed with the appropriate authority;
4-4 and
4-5 (4) include:
4-6 (A) the candidate's name;
4-7 (B) the candidate's occupation;
4-8 (C) the office sought, including any place
4-9 number or other distinguishing number;
4-10 (D) an indication of whether the office sought
4-11 is to be filled for a full or unexpired term if the office sought
4-12 and another office to be voted on have the same title but do not
4-13 have place numbers or other distinguishing numbers;
4-14 (E) a statement that the candidate is a United
4-15 States citizen;
4-16 (F) a statement that the candidate has not been
4-17 determined mentally incompetent by a final judgment of a court;
4-18 (G) a statement that the candidate has not been
4-19 finally convicted of a felony from which the candidate has not been
4-20 pardoned or otherwise released from the resulting disabilities;
4-21 (H) the candidate's date of birth;
4-22 (I) the candidate's residence address or, if the
4-23 residence has no address, the address at which the candidate
4-24 receives mail and a concise description of the location of the
4-25 candidate's residence;
4-26 (J) the candidate's length of continuous
4-27 residence in the state and in the territory from which the office
5-1 sought is elected as of the date the candidate swears to the
5-2 application;
5-3 (K) the statement: "I, __________, of
5-4 __________ County, Texas, being a candidate for the office of
5-5 __________, swear that I will support and defend the constitution
5-6 and laws of the United States and of the State of Texas"; [and]
5-7 (L) a statement that the candidate is aware of
5-8 the nepotism law, Chapter 573, Government Code; and
5-9 (M) a statement that the candidate is in
5-10 compliance with Section 572.102, Government Code.
5-11 SECTION 4. This Act takes effect December 1, 1997, but only
5-12 if the constitutional amendment relating to the eligibility of a
5-13 person to be a candidate or to hold elective office is approved by
5-14 the voters. If that amendment is not approved by the voters, this
5-15 Act has no effect.
5-16 SECTION 5. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.