HBA-GUM, TYH, BTC H.B. 442 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 442
By: Madden
Elections
6/21/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, there was confusion among some junior
college district candidates and election administrators regarding
provisions in the Education Code (code) regarding write-in candidates in
school elections.  The sections for public education and higher education
include essentially the same requirements, but because they were structured
differently and used different language, the perception was that they had
different requirements as well.  H.B.  442 clarifies the code and makes the
language consistent. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 130.0825, Education Code, to establish that in a
general or special election for members of the governing body of a junior
college district, a write-in vote may not be counted for a person unless
the person has filed a declaration of write-in candidacy with the secretary
of the board of trustees in the manner provided for candidates in the
general election for state and county officers.  Deletes Subsections (b)
and (c), which required a write-in candidate to make a declaration of
write-in candidacy and to file that declaration with the applicable
authority.  Makes a nonsubstantive change.  Redesignates Subsections (d) -
(f) to Subsections (b) - (d) respectively. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.Emergency clause.