By Yarbrough                                          H.B. No. 2056
         76R5618 GGS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the security for costs in a legislative election
 1-3     contest.          
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 241.0061, Election Code, is amended to
 1-6     read as follows:
 1-7           Sec. 241.0061.  SECURITY FOR COSTS.  (a)  Not later than 5
 1-8     p.m. of the third day after the date the contestee's answer is
 1-9     received by the presiding officer of the house having jurisdiction,
1-10     the contestant must file with the secretary of the senate or chief
1-11     clerk of the house of representatives, as appropriate:
1-12                 (1)  a cost bond payable to the appropriate house and
1-13     to the contestee in the amount of $10,000 [$5,000], having
1-14     sufficient sureties approved by the presiding officer, and
1-15     conditioned that the contestant will pay all costs of the contest
1-16     assessed against the contestant;
1-17                 (2)  a cash deposit in the form of a cashier's check in
1-18     lieu of bond; or
1-19                 (3)  an affidavit of inability to pay costs.
1-20           (b)  An [Security for costs must be filed under Subsection
1-21     (a), and an] affidavit of inability to pay costs must be in the
1-22     form and may be contested[,] in the manner generally applicable to
1-23     a civil suit in the district court, subject to any changes imposed
1-24     by the master or by rules of the house having jurisdiction.
 2-1           (c)  Security for costs filed by mail under Subsection (a) is
 2-2     considered to be filed at the time of its receipt by the
 2-3     appropriate authority.
 2-4           SECTION 2.  This Act takes effect September 1, 1999.
 2-5           SECTION 3.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended.