By Maxey                                               H.B. No. 569
         76R1432 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, 1999.
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.