By Madden                                              H.B. No. 442
         76R1593 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the procedures for write-in candidates in an election
 1-3     of a junior college district.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 130.0825, Education Code, is amended to
 1-6     read as follows:  
 1-7           Sec. 130.0825.  WRITE-IN VOTING IN ELECTION FOR MEMBERS OF
 1-8     GOVERNING BODY.  (a)  In a general or special election for members
 1-9     of the governing body of a junior college district, a write-in vote
1-10     may not be counted for a person unless the person has filed a
1-11     declaration of write-in candidacy with the secretary of the board
1-12     of trustees in the manner provided for write-in candidates in the
1-13     general election for state and county officers [unless the name
1-14     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           (b) [(d)]  A declaration of [for] write-in candidacy must be
1-22     filed not later than 5 p.m. of the 45th day before election day.
1-23     However, if a  candidate whose name is to appear on the ballot dies
1-24     or is 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           (c) [(e)]  Subchapter B, Chapter 146, Election Code, applies
 2-5     to 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           (d) [(f)]  The secretary of state shall adopt rules necessary
 2-8     to implement this section.
 2-9           SECTION 2.  This Act takes effect September 1, 1999.
2-10           SECTION 3.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended.