1-1     By:  Madden (Senate Sponsor - Shapiro)                 H.B. No. 442
 1-2           (In the Senate - Received from the House May 3, 1999;
 1-3     May 4, 1999, read first time and referred to Committee on State
 1-4     Affairs; May 12, 1999, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 12, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the procedures for write-in candidates in an election
 1-9     of a junior college district.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 130.0825, Education Code, is amended to
1-12     read as follows:  
1-13           Sec. 130.0825.  WRITE-IN VOTING IN ELECTION FOR MEMBERS OF
1-14     GOVERNING BODY.  (a)  In a general or special election for members
1-15     of the governing body of a junior college district, a write-in vote
1-16     may not be counted for a person unless the person has filed a
1-17     declaration of write-in candidacy with the secretary of the board
1-18     of trustees in the manner provided for write-in candidates in the
1-19     general election for state and county officers [unless the name
1-20     written in appears on the list of write-in candidates.]
1-21           [(b)  To be entitled to a place on the list of write-in
1-22     candidates, a candidate must make a declaration of write-in
1-23     candidacy.]
1-24           [(c)  A declaration of write-in candidacy must be filed with
1-25     the authority with whom an application for a place on the ballot is
1-26     required to be filed in the election].
1-27           (b) [(d)]  A declaration of [for] write-in candidacy must be
1-28     filed not later than 5 p.m. of the 45th day before election day.
1-29     However, if a  candidate whose name is to appear on the ballot dies
1-30     or is declared ineligible after the 48th day before election day, a
1-31     declaration of write-in candidacy for the office sought by the
1-32     deceased or ineligible candidate may be filed not later than 5 p.m.
1-33     of the 42nd day before election day.
1-34           (c) [(e)]  Subchapter B, Chapter 146, Election Code, applies
1-35     to write-in voting in an election for members of the governing body
1-36     except to  the extent of a conflict with this section.
1-37           (d) [(f)]  The secretary of state shall adopt rules necessary
1-38     to implement this section.
1-39           SECTION 2.  This Act takes effect September 1, 1999.
1-40           SECTION 3.  The importance of this legislation and the
1-41     crowded condition of the calendars in both houses create an
1-42     emergency and an imperative public necessity that the
1-43     constitutional rule requiring bills to be read on three several
1-44     days in each house be suspended, and this rule is hereby suspended.
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